NA TZHC Dar es Salaam 15

NA TZHC Dar es Salaam 15

It was the duty of the defendant applicant to have PSRC joined in the suit, not for the plaintiff or the court to direct the decree to PSRC. The applicant is not insolvent and continues to operate; therefore, the execution proceedings are valid against the applicant.

Source-derived case information.

Citation
NA TZHC Dar es Salaam 15
Parties
Plaintiff: Jennori Leonard; Defendant: Tairo Urasa; Defendant: The Editor Motomoto; Defendant: E.S. Publishers; Defendant: Printpak (T) Ltd
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
1 January 1996
Procedural Posture
Civil / Ruling on Application to Raise Warrant of Attachment and Garnishee Order
Outcome
Application dismissed with costs
Legal Topics
Attachment of Property, Receivership, Public Corporations, Execution Proceedings
Source Language
english
Civil Procedure Corporate Law Attachment of Property Receivership Public Corporations Execution Proceedings

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Summary, issues, holding and outcome

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Parties

Jennori Leonard

Plaintiff

Tairo Urasa

Defendant

The Editor Motomoto

Defendant

E.S. Publishers

Defendant

Printpak (T) Ltd

Defendant

Procedural Posture

Civil / Ruling on Application to Raise Warrant of Attachment and Garnishee Order

Legal Issues

  1. 1 Whether the warrant of attachment and garnishee order should be raised due to the applicant's properties being vested in the Parastatal Sector Reform Commission (PSRC)
  2. 2 Whether the applicant is insolvent and under receivership by PSRC
  3. 3 Whether GN 321 of 1996 and the Public Corporation Act of 1993 affect the execution proceedings

Ratio Decidendi

It was the duty of the defendant applicant to have PSRC joined in the suit, not for the plaintiff or the court to direct the decree to PSRC. The applicant is not insolvent and continues to operate; therefore, the execution proceedings are valid against the applicant.

Court Disposition

Application dismissed with costs

Orders

  • Warrant of attachment and garnishee order remain in force
  • Applicant to pay costs