nawab abdulrahim mulla vs international commercial bank t ltd another 2022 tzhccomd 369 28 november 2022

nawab abdulrahim mulla vs international commercial bank t ltd another 2022 tzhccomd 369 28 november 2022

There was no decree capable of being executed as required by law, and the sale of the applicant's properties by private treaty in execution of the decree was contrary to mandatory provisions of the Civil Procedure Code, rendering the sale a nullity.

Citation
nawab abdulrahim mulla vs international commercial bank t ltd another 2022 tzhccomd 369 28 november 2022
Parties
Applicant: Nawab Abdulrahim Mulla; 1st Respondent: International Commercial Bank (Tanzania) Limited; 2nd Respondent: Crispin Joseph Semakula
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
28 November 2022
Procedural Posture
Miscellaneous Commercial Application / Ruling on Application to Set Aside Sale in Execution of Decree
Outcome
Application allowed; sale set aside
Legal Topics
Execution of Decrees, Mortgage Enforcement, Sale of Mortgaged Property, Consent Decree, Irregular Execution
Source Language
English
Civil Procedure Banking Law Property Law Execution of Decrees Mortgage Enforcement Sale of Mortgaged Property Consent Decree Irregular Execution

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Parties

Nawab Abdulrahim Mulla

Applicant

International Commercial Bank (Tanzania) Limited

1st Respondent

Crispin Joseph Semakula

2nd Respondent

Procedural Posture

Miscellaneous Commercial Application / Ruling on Application to Set Aside Sale in Execution of Decree

Legal Issues

  1. 1 Whether there was a decree capable of being executed in Commercial Case No. 106 of 2017
  2. 2 Whether parties can agree to execute a decree in a manner contrary to mandatory provisions of the law

Ratio Decidendi

There was no decree capable of being executed as required by law, and the sale of the applicant's properties by private treaty in execution of the decree was contrary to mandatory provisions of the Civil Procedure Code, rendering the sale a nullity.

Court Disposition

Application allowed; sale set aside

Orders

  • Sale of applicant's landed properties set aside
  • 1st respondent to refund purchase price to 2nd respondent