helena kishiwa vs denisa tebuye others 2018 tzhclandd 38 2 february 2018

helena kishiwa vs denisa tebuye others 2018 tzhclandd 38 2 february 2018

The applicant, as administratrix of the estate, established that the attached property does not belong to the 3rd respondent but to the estate of the deceased. The respondents failed to prove the 3rd respondent's ownership. It is wrong to attach property not in the name of the judgment debtor. The application is allowed and the property is released from attachment.

Citation
helena kishiwa vs denisa tebuye others 2018 tzhclandd 38 2 february 2018
Parties
Applicant: Helena Kishiwa; 1st Respondent: Denisa Tebuye; 2nd Respondent: Gidion Tebuye; 3rd Respondent: Agrey Kishiwa; 4th Respondent: Igalula Auction Mart Ltd & Court Broker
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
2 February 2018
Procedural Posture
Miscellaneous Land Case Application / Ruling on Objection to Attachment and Application for Stay of Execution
Outcome
Application allowed
Legal Topics
Objection to Attachment, Stay of Execution, Ownership of Property, Execution of Decree
Source Language
English
Land Law Civil Procedure Objection to Attachment Stay of Execution Ownership of Property Execution of Decree

Case Brief

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Parties

Helena Kishiwa

Applicant

Denisa Tebuye

1st Respondent

Gidion Tebuye

2nd Respondent

Agrey Kishiwa

3rd Respondent

Igalula Auction Mart Ltd & Court Broker

4th Respondent

Procedural Posture

Miscellaneous Land Case Application / Ruling on Objection to Attachment and Application for Stay of Execution

Legal Issues

  1. 1 Whether the property attached in execution belongs to the judgment debtor (3rd respondent)
  2. 2 Whether the applicant has established sufficient interest to object to the attachment
  3. 3 Whether the application is properly before the court despite alleged citation errors

Ratio Decidendi

The applicant, as administratrix of the estate, established that the attached property does not belong to the 3rd respondent but to the estate of the deceased. The respondents failed to prove the 3rd respondent's ownership. It is wrong to attach property not in the name of the judgment debtor. The application is allowed and the property is released from attachment.

Court Disposition

Application allowed

Orders

  • The house on Plot No. 701 Block 'A' Kijitonyama kwa Ali Maua in Kinondoni Municipality is released from attachment.
  • Each party to bear its own costs.