19961122 TZHC Dar es Salaam

19961122 TZHC Dar es Salaam

Execution proceedings were null and void as there was no judgment or decree; however, the 3rd respondent as a bonafide purchaser for value is protected, and the applicant may recover the property only by refunding its present value as determined by a government valuer within 15 days of notification.

Citation
19961122 TZHC Dar es Salaam
Parties
Applicant: M/S HASSAN R. SUDI LTD.; 1st Respondent: NATIONAL BANK OF COMMERCE; 2nd Respondent: JAMADARI AUCTION MART COURT BROKER; 3rd Respondent: SALIM RAISI ABEID
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
22 November 1996
Procedural Posture
Application for Revision / Ruling on Application for Revision of Execution Proceedings
Outcome
Application partly allowed
Legal Topics
Execution of Decrees, Judgment on Admission, Bonafide Purchaser, Attachment and Sale of Property, Jurisdiction of Magistrates
Source Language
English
Civil Procedure Banking Law Execution of Decrees Judgment on Admission Bonafide Purchaser Attachment and Sale of Property Jurisdiction of Magistrates

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Parties

M/S HASSAN R. SUDI LTD.

Applicant

NATIONAL BANK OF COMMERCE

1st Respondent

JAMADARI AUCTION MART COURT BROKER

2nd Respondent

SALIM RAISI ABEID

3rd Respondent

Procedural Posture

Application for Revision / Ruling on Application for Revision of Execution Proceedings

Legal Issues

  1. 1 Whether execution can proceed without a judgment or decree
  2. 2 Effect of execution and sale of property in absence of a judgment
  3. 3 Rights of a bonafide purchaser in a void execution

Ratio Decidendi

Execution proceedings were null and void as there was no judgment or decree; however, the 3rd respondent as a bonafide purchaser for value is protected, and the applicant may recover the property only by refunding its present value as determined by a government valuer within 15 days of notification.

Court Disposition

Application partly allowed

Orders

  • Execution proceedings set aside as null and void.
  • Case to proceed from where it ended before execution, before Ms. Yhaday R.M or another competent magistrate.