20120927 TZHC Dar es Salaam 1

20120927 TZHC Dar es Salaam 1

The application was dismissed because the property referred to by the applicant (Plot No. 538, Block 'N', Mbezi Juu, Kawe) is different from the property attached and about to be auctioned (Block 'C', House No. KAW/MMJ/1550, Mbezi Juu, Kawe), and there was no evidence or explanation provided to link the two properties. Therefore, the applicant failed to establish an interest in the property subject to attachment and auction.

Citation
20120927 TZHC Dar es Salaam 1
Parties
Applicant: Joyce Fanuel Shekolowa; 1st Respondent: Fatuma Said; 2nd Respondent: Yono Auction Mart & Company Ltd; 3rd Respondent: Henry Dafa Shekifu
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
27 September 2012
Procedural Posture
Land Case Revision / Ruling on Objection Proceedings
Outcome
Application dismissed for want of merit.
Legal Topics
Objection Proceedings, Execution of Judgment, Matrimonial Property, Attachment and Auction of Property
Source Language
English
Land Law Civil Procedure Objection Proceedings Execution of Judgment Matrimonial Property Attachment and Auction of Property

Case Brief

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Parties

Joyce Fanuel Shekolowa

Applicant

Fatuma Said

1st Respondent

Yono Auction Mart & Company Ltd

2nd Respondent

Henry Dafa Shekifu

3rd Respondent

Procedural Posture

Land Case Revision / Ruling on Objection Proceedings

Legal Issues

  1. 1 Whether the property attached and about to be auctioned is the same as the one claimed by the applicant as matrimonial home
  2. 2 Whether the applicant has an interest in the property subject to attachment and auction

Ratio Decidendi

The application was dismissed because the property referred to by the applicant (Plot No. 538, Block 'N', Mbezi Juu, Kawe) is different from the property attached and about to be auctioned (Block 'C', House No. KAW/MMJ/1550, Mbezi Juu, Kawe), and there was no evidence or explanation provided to link the two properties. Therefore, the applicant failed to establish an interest in the property subject to attachment and auction.

Court Disposition

Application dismissed for want of merit.

Orders

  • Application dismissed.
  • Right of appeal explained.