20001120 TZHC Arusha 1
An application by a party to the suit under Order 21 Rule 57(1) and (2) of the Civil Procedure Code, 1966 is misconceived and incompetent as the rule is intended for third parties only.
- Citation
- 20001120 TZHC Arusha 1
- Parties
- Applicant: Mizalita Pharmaceutical Industry Limited; Respondent: Ptil Construction & Transport Co. Ltd
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 20 November 2000
- Procedural Posture
- Miscellaneous Civil Application / Ruling on Preliminary Objection
- Outcome
- Application struck out with costs
- Legal Topics
- Execution of Decrees, Objection Proceedings, Jurisdiction
- Source Language
- English
Case Brief
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Parties
Mizalita Pharmaceutical Industry Limited
Applicant
Ptil Construction & Transport Co. Ltd
Respondent
Procedural Posture
Miscellaneous Civil Application / Ruling on Preliminary Objection
Legal Issues
- 1 Whether a party to the suit can bring objection proceedings under Order 21 Rule 57(1) and (2) of the Civil Procedure Code, 1966
- 2 Whether the application to set aside the proclamation of sale is competent
Ratio Decidendi
An application by a party to the suit under Order 21 Rule 57(1) and (2) of the Civil Procedure Code, 1966 is misconceived and incompetent as the rule is intended for third parties only.
Court Disposition
Application struck out with costs
Orders
- Application is struck out as incompetent with costs
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