20111005 TZHC Dar es Salaam

The applicant's claim arose after the date of the receiving order and is not a debt provable in bankruptcy; therefore, leave to proceed is not required and the application is not maintainable.

Citation: 20111005 TZHC Dar es Salaam
Parties: Applicant: Gundelinda Wendeline; 1st Respondent: National Insurance Corporation; 2nd Respondent: Consolidated Holdings Corporation
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 5 October 2011
Procedural Posture: Miscellaneous Civil Application / Ruling on Preliminary Objection
Outcome: Application dismissed with costs.
Legal Topics: Preliminary Objection, Debts Provable in Bankruptcy, Receivership, Execution of Decrees
Source Language: English

Civil Procedure Bankruptcy Law Insurance Law Preliminary Objection Debts Provable in Bankruptcy Receivership Execution of Decrees

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Parties

Gundelinda Wendeline

Applicant

National Insurance Corporation

1st Respondent

Consolidated Holdings Corporation

2nd Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Preliminary Objection

Legal Issues

1 Whether the applicant's claim is a debt provable in bankruptcy under section 9 of the Bankruptcy Act, Cap 25
2 Whether leave to proceed against the 1st Respondent is required

Ratio Decidendi

The applicant's claim arose after the date of the receiving order and is not a debt provable in bankruptcy; therefore, leave to proceed is not required and the application is not maintainable.

Court Disposition

Application dismissed with costs.

Orders

Application dismissed with costs.