dorice keneth rwakatare vs nurdin abdallah mushi others 2019 tzhclandd 22 17 september 2019

dorice keneth rwakatare vs nurdin abdallah mushi others 2019 tzhclandd 22 17 september 2019

Objection proceedings are not maintainable where the objector does not dispute the property’s liability to attachment in execution, but merely seeks to protect an interest as a beneficiary or non-party. The necessary claim that the property is not subject to attachment is lacking, rendering the application incompetent.

Citation
dorice keneth rwakatare vs nurdin abdallah mushi others 2019 tzhclandd 22 17 september 2019
Parties
Objector: Dorice Keneth Rwakatare; 1st Respondent: Nurdin Abdallah Mushi; 2nd Respondent: Foster Auctioneer and General Traders; 3rd Respondent: Muta Robert Rwakatare; 4th Respondent: Rose Rwakatare; 5th Respondent: Haulila Hamphrey Rwakatare; 6th Respondent: Tibe Rwakatare
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
17 September 2019
Procedural Posture
Miscellaneous Land Application / Ruling on Preliminary Objection
Outcome
Application struck out as incompetent
Legal Topics
Objection Proceedings, Locus Standi, Execution of Decree, Beneficiary Rights, Jurisdiction
Source Language
English
Civil Procedure Land Law Objection Proceedings Locus Standi Execution of Decree Beneficiary Rights Jurisdiction

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2
Sign in to unlock

Parties

Dorice Keneth Rwakatare

Objector

Nurdin Abdallah Mushi

1st Respondent

Foster Auctioneer and General Traders

2nd Respondent

Muta Robert Rwakatare

3rd Respondent

Rose Rwakatare

4th Respondent

Haulila Hamphrey Rwakatare

5th Respondent

Tibe Rwakatare

6th Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the objector has locus standi to file objection proceedings against execution of decree
  2. 2 Whether objection proceedings are maintainable when the objector was not a party to the original suit but claims interest in the property
  3. 3 Whether the objection proceedings are competent where the property is undisputedly part of the estate under execution

Ratio Decidendi

Objection proceedings are not maintainable where the objector does not dispute the property’s liability to attachment in execution, but merely seeks to protect an interest as a beneficiary or non-party. The necessary claim that the property is not subject to attachment is lacking, rendering the application incompetent.

Court Disposition

Application struck out as incompetent

Orders

  • Application struck out
  • No order as to costs