saida mohamed mbaraka litanda andanother vs equity bank tanzania limited and 4 others 2020 tzhclandd 3965 6 november 2020

saida mohamed mbaraka litanda andanother vs equity bank tanzania limited and 4 others 2020 tzhclandd 3965 6 november 2020

A suit by a third party challenging attachment of property in execution of a decree is premature unless objectional proceedings under Order XXI Rule 57 CPC have been determined on merit.

Citation
saida mohamed mbaraka litanda andanother vs equity bank tanzania limited and 4 others 2020 tzhclandd 3965 6 november 2020
Parties
1st Plaintiff: Saida Mohamed Mbaraka Litanda; 2nd Plaintiff: Christina Ntumigwa MwakiFulefule; 1st Defendant: Equity Bank Tanzania Limited; 2nd Defendant: Mkongowo Trading Company Limited; 3rd Defendant: Peter Rodrick Ngowo; 4th Defendant: Halima Rodrick Ngowo; 5th Defendant: CDJ Classic Group Limited
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
6 November 2020
Procedural Posture
Land Case / Ruling on Preliminary Objection
Outcome
Suit struck out as premature with costs.
Legal Topics
Mortgage Validity, Attachment of Property, Spousal Consent, Execution of Decree, Prematurity of Suit
Source Language
English
Civil Procedure Land Law Mortgage Validity Attachment of Property Spousal Consent Execution of Decree Prematurity of Suit

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Parties

Saida Mohamed Mbaraka Litanda

1st Plaintiff

Christina Ntumigwa MwakiFulefule

2nd Plaintiff

Equity Bank Tanzania Limited

1st Defendant

Mkongowo Trading Company Limited

2nd Defendant

Peter Rodrick Ngowo

3rd Defendant

Halima Rodrick Ngowo

4th Defendant

CDJ Classic Group Limited

5th Defendant

Procedural Posture

Land Case / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether a third party can institute a suit challenging attachment of property in execution of a decree without first initiating objectional proceedings under Order XXI Rule 57 of the CPC
  2. 2 Validity of mortgage and attachment for want of spousal consent

Ratio Decidendi

A suit by a third party challenging attachment of property in execution of a decree is premature unless objectional proceedings under Order XXI Rule 57 CPC have been determined on merit.

Court Disposition

Suit struck out as premature with costs.

Orders

  • Suit struck out with costs.