jordan fungamali kilewa vs amani mgelwa 8 others 2021 tzhcld 2096 13 december 2021

jordan fungamali kilewa vs amani mgelwa 8 others 2021 tzhcld 2096 13 december 2021

The applicant failed to prove ownership of the billboards as the deed of settlement was inadmissible for lack of stamp duty, did not involve the 2nd respondent, and contained material errors. No evidence of transfer, business license, or tax payment was provided. Therefore, the applicant lacked locus standi to challenge the sale.

Citation
jordan fungamali kilewa vs amani mgelwa 8 others 2021 tzhcld 2096 13 december 2021
Parties
Applicant: Jordan Fungomali Kilewo; 1st Respondent: Aman D. Mgelwa and 4 Others; 2nd Respondent: Global Outdoor System; 3rd Respondent: Sensitive Auction Mart and Court Brokers; 4th Respondent: Symphony Distributors Limited
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
13 December 2021
Procedural Posture
Miscellaneous Application / Ruling on Application to Set Aside Sale of Billboards in Execution Proceedings
Outcome
Application dismissed for want of merit.
Legal Topics
Execution of Decrees, Objection Proceedings, Ownership Disputes, Stamp Duty, Burden of Proof
Source Language
English
Civil Procedure Labour Law Execution of Decrees Objection Proceedings Ownership Disputes Stamp Duty Burden of Proof

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Parties

Jordan Fungomali Kilewo

Applicant

Aman D. Mgelwa and 4 Others

1st Respondent

Global Outdoor System

2nd Respondent

Sensitive Auction Mart and Court Brokers

3rd Respondent

Symphony Distributors Limited

4th Respondent

Procedural Posture

Miscellaneous Application / Ruling on Application to Set Aside Sale of Billboards in Execution Proceedings

Legal Issues

  1. 1 Whether the applicant proved ownership of the billboards to have locus to challenge the sale
  2. 2 Whether the deed of settlement relied upon by the applicant is valid and admissible evidence
  3. 3 Whether proper procedure was followed in the attachment and sale of the billboards

Ratio Decidendi

The applicant failed to prove ownership of the billboards as the deed of settlement was inadmissible for lack of stamp duty, did not involve the 2nd respondent, and contained material errors. No evidence of transfer, business license, or tax payment was provided. Therefore, the applicant lacked locus standi to challenge the sale.

Court Disposition

Application dismissed for want of merit.