crdb bank ltd vs rukanga butchery general supplies ltd 2 others 2003 tzhccomd 9 7 april 2003

crdb bank ltd vs rukanga butchery general supplies ltd 2 others 2003 tzhccomd 9 7 april 2003

The court has no jurisdiction to grant relief under execution rules where the sale was conducted out of court pursuant to a mortgage deed; applicants must file a separate suit to challenge the sale.

Citation
crdb bank ltd vs rukanga butchery general supplies ltd 2 others 2003 tzhccomd 9 7 april 2003
Parties
Decree Holder / Plaintiff / Respondent: CRDB Bank Limited; 1st Judgment Debtor: Rukanga Butchery & General Supplies Ltd; 2nd Judgment Debtor (deceased): Theobald L. Rukanga; 3rd Judgment Debtor / 1st Applicant: Godebertha T. Rukanga; 4th Judgment Debtor / 2nd Applicant: Edna Harrison Mwangambaku
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
7 April 2003
Procedural Posture
Commercial Case / Ruling on Consolidated Chamber Summons for Interim Injunction and to Set Aside Sale
Outcome
Applications dismissed
Legal Topics
Mortgage Enforcement, Execution of Judgment, Injunctions, Auction Sales
Source Language
English
Civil Procedure Banking Law Property Law Mortgage Enforcement Execution of Judgment Injunctions Auction Sales

Case Brief

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Parties

CRDB Bank Limited

Decree Holder / Plaintiff / Respondent

Rukanga Butchery & General Supplies Ltd

1st Judgment Debtor

Theobald L. Rukanga

2nd Judgment Debtor (deceased)

Godebertha T. Rukanga

3rd Judgment Debtor / 1st Applicant

Edna Harrison Mwangambaku

4th Judgment Debtor / 2nd Applicant

Procedural Posture

Commercial Case / Ruling on Consolidated Chamber Summons for Interim Injunction and to Set Aside Sale

Legal Issues

  1. 1 Whether the court can grant an interim injunction and set aside a sale conducted under a mortgage deed without court execution
  2. 2 Whether the applicants used the proper procedure to challenge the auction sale

Ratio Decidendi

The court has no jurisdiction to grant relief under execution rules where the sale was conducted out of court pursuant to a mortgage deed; applicants must file a separate suit to challenge the sale.

Court Disposition

Applications dismissed

Orders

  • Applications for interim injunction and to set aside sale are dismissed.