hodrum benedict suleiman vs zhengzhou giant electric 2 others 2022 tzhccomd 26 23 february 2022

hodrum benedict suleiman vs zhengzhou giant electric 2 others 2022 tzhccomd 26 23 february 2022

The applicant, being a shareholder and Director of the 2nd respondent (the judgment debtor), is not a third party and thus not protected under Order XXI Rule 57 (1) of the Civil Procedure Code. The application is without merit and is dismissed with costs.

Citation
hodrum benedict suleiman vs zhengzhou giant electric 2 others 2022 tzhccomd 26 23 february 2022
Parties
Applicant: Hodrum Benedict Suleiman; 1st Respondent: Zhenghzhou Giant Electric Equipment Co. Ltd; 2nd Respondent: Nipo Group Ltd (Kellogg Construction & Nipoafrica Eng. Co. JV); 3rd Respondent: Royal Runners and General Supplies (T) Ltd
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
23 February 2022
Procedural Posture
Miscellaneous Commercial Cause / Ruling on Application for Declaratory Orders and Postponement of Sale
Outcome
Application dismissed with costs
Legal Topics
Execution of Decrees, Attachment of Property, Third Party Claims
Source Language
English
Civil Procedure Commercial Law Execution of Decrees Attachment of Property Third Party Claims

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Parties

Hodrum Benedict Suleiman

Applicant

Zhenghzhou Giant Electric Equipment Co. Ltd

1st Respondent

Nipo Group Ltd (Kellogg Construction & Nipoafrica Eng. Co. JV)

2nd Respondent

Royal Runners and General Supplies (T) Ltd

3rd Respondent

Procedural Posture

Miscellaneous Commercial Cause / Ruling on Application for Declaratory Orders and Postponement of Sale

Legal Issues

  1. 1 Whether the applicant's interest in the attached property is protected under Order XXI Rule 57 (1) of the Civil Procedure Code

Ratio Decidendi

The applicant, being a shareholder and Director of the 2nd respondent (the judgment debtor), is not a third party and thus not protected under Order XXI Rule 57 (1) of the Civil Procedure Code. The application is without merit and is dismissed with costs.

Court Disposition

Application dismissed with costs

Orders

  • Application dismissed
  • Costs awarded to respondents