exim bank t ltd vs jengela trading company ltd 2 others 2004 tzhccomd 43 16 november 2004

exim bank t ltd vs jengela trading company ltd 2 others 2004 tzhccomd 43 16 november 2004

The property is not a matrimonial home or residential house as it is used as a school; therefore, it is not protected under s. 59(1) of the Law of Marriage Act or s. 48(1)(e) of the Civil Procedure Code. The objector failed to provide evidence to the contrary.

Citation
exim bank t ltd vs jengela trading company ltd 2 others 2004 tzhccomd 43 16 november 2004
Parties
Decree Holder/respondent: Exim Bank (T) Limited; 1st Defendant/judgment Debtor: Jengela Trading Company Ltd; 2nd Defendant/judgment Debtor: Anyelwisye M. Jengela; 3rd Defendant/judgment Debtor: Yeriko A. Jengela; Objector/applicant: Lucy Anyelwisye Jengela
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
16 November 2004
Procedural Posture
Chamber Summons (objection Proceedings) / Ruling on Objection to Attachment of Property
Outcome
application dismissed
Legal Topics
Matrimonial Property, Attachment of Property, Mortgage Validity, Residential Property Protection
Source Language
English
Civil Procedure Family Law Property Law Matrimonial Property Attachment of Property Mortgage Validity Residential Property Protection

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Parties

Exim Bank (T) Limited

Decree Holder/respondent

Jengela Trading Company Ltd

1st Defendant/judgment Debtor

Anyelwisye M. Jengela

2nd Defendant/judgment Debtor

Yeriko A. Jengela

3rd Defendant/judgment Debtor

Lucy Anyelwisye Jengela

Objector/applicant

Procedural Posture

Chamber Summons (objection Proceedings) / Ruling on Objection to Attachment of Property

Legal Issues

  1. 1 Whether the attached property is a matrimonial home protected under s. 59(1) of the Law of Marriage Act
  2. 2 Whether the property is a residential house not subject to attachment under s. 48(1)(e) of the Civil Procedure Code
  3. 3 Whether the mortgage is void for lack of consent from the Commissioner for Lands

Ratio Decidendi

The property is not a matrimonial home or residential house as it is used as a school; therefore, it is not protected under s. 59(1) of the Law of Marriage Act or s. 48(1)(e) of the Civil Procedure Code. The objector failed to provide evidence to the contrary.

Court Disposition

application dismissed

Orders

  • Objector's application is dismissed.
  • Applicant/objector to be notified of the delivery of the ruling forthwith.