mantis limited vs allan van heerden 2022 tzhc 13043 21 september 2022

mantis limited vs allan van heerden 2022 tzhc 13043 21 september 2022

The Deputy Registrar acted within the law by converting the USD award to Tanzanian Shillings for execution and ensuring the value of attached properties did not exceed the decree plus permissible expenses; the application lacked merit and was dismissed.

Citation
mantis limited vs allan van heerden 2022 tzhc 13043 21 september 2022
Parties
Applicant: Mantis Limited; Respondent: Allan Van Heerden
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
21 September 2022
Procedural Posture
Reference Application / Ruling on Reference Against Deputy Registrar's Execution Order
Outcome
Application dismissed
Legal Topics
Execution of Decrees, Currency Conversion in Execution, Attachment and Sale of Property, Excessive Attachment, Unfair Termination
Source Language
English

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Parties

Mantis Limited

Applicant

Allan Van Heerden

Respondent

Procedural Posture

Reference Application / Ruling on Reference Against Deputy Registrar's Execution Order

  1. 1 Whether the Deputy Registrar erred in allowing attachment and sale of properties worth Tshs. 72,700,000/=
  2. 2 Whether the computation and conversion of USD 15,000 to Tshs. 72,700,000/= was lawful and within the decree

Ratio Decidendi

The Deputy Registrar acted within the law by converting the USD award to Tanzanian Shillings for execution and ensuring the value of attached properties did not exceed the decree plus permissible expenses; the application lacked merit and was dismissed.

Court Disposition

Application dismissed

Orders

  • Decision of the Deputy Registrar left undisturbed
  • No order as to costs