GAIMO CONSTRUCTION OMPANY LIMITED v MACLEOD ELECTRICAL CONTRACTORS LIMITED AND 3 OTHERS RULING 27

GAIMO CONSTRUCTION OMPANY LIMITED v MACLEOD ELECTRICAL CONTRACTORS LIMITED AND 3 OTHERS RULING 27

The court lacks jurisdiction to entertain the application for extension of time to set aside the sale because the sale has already been confirmed and a certificate issued, making the sale absolute. Even if jurisdiction existed, the applicant failed to demonstrate sufficient cause or apparent illegality to warrant...

Source-derived case information.

Citation
GAIMO CONSTRUCTION OMPANY LIMITED v MACLEOD ELECTRICAL CONTRACTORS LIMITED AND 3 OTHERS RULING 27
Parties
Applicant: GAIMO CONSTRUCTION COMPANY LIMITED; 1st Respondent: MACLEOD ELECTRICAL CONTRACTORS LIMITED; 2nd Respondent: MR. MANJALE FRED LUSENGA T/AS SHASHI INVESTMENT LIMITED; 3rd Respondent: SAID ISSA LONGENE
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2024
Procedural Posture
Miscellaneous Commercial Application / Ruling on Application for Extension of Time to Set Aside Sale
Outcome
application dismissed
Legal Topics
Extension of Time, Setting Aside Sale, Execution of Decree
Source Language
english
Civil Procedure Commercial Law Extension of Time Setting Aside Sale Execution of Decree

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Parties

GAIMO CONSTRUCTION COMPANY LIMITED

Applicant

MACLEOD ELECTRICAL CONTRACTORS LIMITED

1st Respondent

MR. MANJALE FRED LUSENGA T/AS SHASHI INVESTMENT LIMITED

2nd Respondent

SAID ISSA LONGENE

3rd Respondent

Procedural Posture

Miscellaneous Commercial Application / Ruling on Application for Extension of Time to Set Aside Sale

Legal Issues

  1. 1 Whether the court has jurisdiction to entertain the application for extension of time to set aside sale after confirmation of sale
  2. 2 Whether sufficient cause exists to grant extension of time to set aside sale

Ratio Decidendi

The court lacks jurisdiction to entertain the application for extension of time to set aside the sale because the sale has already been confirmed and a certificate issued, making the sale absolute. Even if jurisdiction existed, the applicant failed to demonstrate sufficient cause or apparent illegality to warrant extension of time.

Court Disposition

application dismissed

Orders

  • Application dismissed for being overtaken by events and lacking merit.
  • Respondents awarded costs.