ms lodhia steel indistries ltd vs national microfinace ltd another 2023 tzhc 23451 21 december 2023

ms lodhia steel indistries ltd vs national microfinace ltd another 2023 tzhc 23451 21 december 2023

The dispute related to execution of a court decree and involved a representative of the judgment debtor; therefore, under section 38(1) of the Civil Procedure Code, only the executing court had jurisdiction to determine the matter, and a separate suit was incompetent.

Citation
ms lodhia steel indistries ltd vs national microfinace ltd another 2023 tzhc 23451 21 december 2023
Parties
Appellant: M/S Lodhia Steel Industries Ltd; 1st Respondent: National Microfinance Bank PLC; 2nd Respondent: FELICIAN EDWARD KUYELA
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
21 December 2023
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Execution of Decrees, Garnishee Orders, Jurisdiction of Executing Court, Representative Capacity in Execution
Source Language
English
Civil Procedure Banking Law Execution of Decrees Garnishee Orders Jurisdiction of Executing Court Representative Capacity in Execution

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Parties

M/S Lodhia Steel Industries Ltd

Appellant

National Microfinance Bank PLC

1st Respondent

FELICIAN EDWARD KUYELA

2nd Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the Resident Magistrate Court erred in striking out the suit for contravening section 38(1) of the Civil Procedure Code
  2. 2 Whether the dispute should be determined by the executing court or by a separate suit

Ratio Decidendi

The dispute related to execution of a court decree and involved a representative of the judgment debtor; therefore, under section 38(1) of the Civil Procedure Code, only the executing court had jurisdiction to determine the matter, and a separate suit was incompetent.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed with costs