20161129 TZHC Mwanza

20161129 TZHC Mwanza

The attachment and sale of the applicant's motor vehicle was illegal as the applicant was not a party to the proceedings, was not served, and the executing court failed to verify ownership of the property before ordering attachment and sale, thereby violating the applicant's right to be heard.

Citation
20161129 TZHC Mwanza
Parties
Applicant: Liberatha Kazyoba Malahya; 1st Respondent: Karume Silas Daniel; 2nd Respondent: L.L.B. Mining Ltd; 3rd Respondent: Yusuph Omary; 4th Respondent: Ubapa Court Brokers & Auction Mart
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
29 November 2016
Procedural Posture
Miscellaneous Application (revision and Extension of Time) / Judgment
Outcome
Application for revision granted; order for sale set aside with costs.
Legal Topics
Revision of Execution Proceedings, Attachment and Sale of Property, Extension of Time, Right to Be Heard
Source Language
English
Civil Procedure Execution of Judgments Revision of Execution Proceedings Attachment and Sale of Property Extension of Time Right to Be Heard

Case Brief

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Parties

Liberatha Kazyoba Malahya

Applicant

Karume Silas Daniel

1st Respondent

L.L.B. Mining Ltd

2nd Respondent

Yusuph Omary

3rd Respondent

Ubapa Court Brokers & Auction Mart

4th Respondent

Procedural Posture

Miscellaneous Application (revision and Extension of Time) / Judgment

Legal Issues

  1. 1 Whether the applicant was entitled to extension of time to apply for revision
  2. 2 Whether the attachment and sale of the applicant's motor vehicle was lawful
  3. 3 Whether the applicant's right to be heard was violated

Ratio Decidendi

The attachment and sale of the applicant's motor vehicle was illegal as the applicant was not a party to the proceedings, was not served, and the executing court failed to verify ownership of the property before ordering attachment and sale, thereby violating the applicant's right to be heard.

Court Disposition

Application for revision granted; order for sale set aside with costs.

Orders

  • Order for sale of Mitsubishi Fuso Tipper Registration No. T173 APH set aside
  • Costs awarded to the applicant