national bank of commerce vs ms sahara trading coltd another 2006 tzhccomd 40 25 april 2006

national bank of commerce vs ms sahara trading coltd another 2006 tzhccomd 40 25 april 2006

The 2nd respondent did not provide reasons to prevent eviction, warranting an order for eviction and vacant possession to the purchaser.

Citation
national bank of commerce vs ms sahara trading coltd another 2006 tzhccomd 40 25 april 2006
Parties
Plaintiff: National Bank of Commerce; 1st Defendant: M/S Sahara Trading Co. Ltd; 2nd Defendant: Francis Gachanja
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
25 April 2006
Procedural Posture
Commercial Case / Order on Eviction
Outcome
Eviction order granted
Legal Topics
Eviction, Vacant Possession
Source Language
English
Property Law Commercial Law Eviction Vacant Possession

Case Brief

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Parties

National Bank of Commerce

Plaintiff

M/S Sahara Trading Co. Ltd

1st Defendant

Francis Gachanja

2nd Defendant

Procedural Posture

Commercial Case / Order on Eviction

Legal Issues

  1. 1 Whether the 2nd defendant has shown sufficient cause to avoid eviction from the property

Ratio Decidendi

The 2nd respondent did not provide reasons to prevent eviction, warranting an order for eviction and vacant possession to the purchaser.

Court Disposition

Eviction order granted

Orders

  • Eviction of whoever is in occupation of Plot No. 364 Block 44 Kijitonyama to give vacant possession to the purchaser
  • Order to take effect forthwith