19960913 TZHC Dar es Salaam

19960913 TZHC Dar es Salaam

The application is incompetent as the High Court is not empowered to proceed under O 21 Rules 57 and 88 since it did not order the attachment and sale. The applicant also failed to inform the lower court of the pending application and filed similar applications in both courts, amounting to abuse of process. The prayer for extension of time was unsupported by affidavit evidence.

Citation
19960913 TZHC Dar es Salaam
Parties
Applicant: Makali Contractors Ltd; Respondent: Albert Kaganda
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
13 September 1996
Procedural Posture
Miscellaneous Civil Cause / Ruling on Application
Outcome
Application dismissed
Legal Topics
Attachment and Sale of Property, Eviction, Setting Aside Sale, Extension of Time, Abuse of Process
Source Language
English
Civil Procedure Property Law Attachment and Sale of Property Eviction Setting Aside Sale Extension of Time Abuse of Process

Case Brief

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Parties

Makali Contractors Ltd

Applicant

Albert Kaganda

Respondent

Procedural Posture

Miscellaneous Civil Cause / Ruling on Application

Legal Issues

  1. 1 Whether the attachment and sale of the suit premises should be nullified and set aside
  2. 2 Whether the eviction of the applicant should be stayed
  3. 3 Whether time for filing memorandum of appeal should be enlarged

Ratio Decidendi

The application is incompetent as the High Court is not empowered to proceed under O 21 Rules 57 and 88 since it did not order the attachment and sale. The applicant also failed to inform the lower court of the pending application and filed similar applications in both courts, amounting to abuse of process. The prayer for extension of time was unsupported by affidavit evidence.

Court Disposition

Application dismissed

Orders

  • No order for costs
  • Order to serve the respondent by publication is vacated