mohamed salim said vs ms mabumda auction mart co ltd 2022 tzhccomd 334 25 october 2022

mohamed salim said vs ms mabumda auction mart co ltd 2022 tzhccomd 334 25 october 2022

Applicant is entitled to possession as purchaser in execution; respondents' resistance is unjustified due to lack of contest and evidence.

Citation
mohamed salim said vs ms mabumda auction mart co ltd 2022 tzhccomd 334 25 october 2022
Parties
Applicant: Mohamed Salim Said; 1st Respondent: M/S Mabumda Auction Mart Company Limited; 2nd Respondent: Emmanuel Okoti Oloo; 3rd Respondent: Juma Swadakta Mzamili; 4th Respondent: Hamadi Mushy; 5th Respondent: Yusufu Nyasuto; 6th Respondent: Elias Richard Kiseto; 7th Respondent: Vick Paulo @Mama Mudi; 8th Respondent: Zeby Devie Doto; 9th Respondent: Lucy Odiwa; 10th Respondent: Shakira Jumaa
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
25 October 2022
Procedural Posture
Miscellaneous Commercial Application / Ruling
Outcome
Application granted
Legal Topics
Execution of Decree, Eviction, Possession of Immovable Property
Source Language
English
Civil Procedure Property Law Execution of Decree Eviction Possession of Immovable Property

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Mohamed Salim Said

Applicant

M/S Mabumda Auction Mart Company Limited

1st Respondent

Emmanuel Okoti Oloo

2nd Respondent

Juma Swadakta Mzamili

3rd Respondent

Hamadi Mushy

4th Respondent

Yusufu Nyasuto

5th Respondent

Elias Richard Kiseto

6th Respondent

Vick Paulo @Mama Mudi

7th Respondent

Zeby Devie Doto

8th Respondent

Lucy Odiwa

9th Respondent

Shakira Jumaa

10th Respondent

Procedural Posture

Miscellaneous Commercial Application / Ruling

Legal Issues

  1. 1 Whether the applicant is entitled to possession of the property after purchase in execution proceedings
  2. 2 Whether the respondents' resistance to vacate the property is justified

Ratio Decidendi

Applicant is entitled to possession as purchaser in execution; respondents' resistance is unjustified due to lack of contest and evidence.

Court Disposition

Application granted

Orders

  • Applicant to be put into possession of the property
  • 2nd to 10th respondents to be immediately evicted from the suit property