19980808 TZHC Dar es Salaam

19980808 TZHC Dar es Salaam

The objector established prima facie ownership of the attached property, and in the absence of proof that the property was held to defeat the decree, execution against her property is wrongful and unlawful.

Citation
19980808 TZHC Dar es Salaam
Parties
Defendant/judgment Debtor: Filbert Andrew Lutubija t/a Lutubija Enterprises; Plaintiff/decree Holder: Joseph Marijani; Objector/applicant: Adelaide Damas Marijani
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
8 August 1998
Procedural Posture
Civil / Ruling on Objection Proceedings During Execution
Outcome
Objection allowed in relation to attachment of objector's property; dismissed regarding eviction order.
Legal Topics
Objection Proceedings, Ownership of Attached Property, Execution Against Third Party Property, Eviction Order
Source Language
English
Civil Procedure Execution of Decrees Objection Proceedings Ownership of Attached Property Execution Against Third Party Property Eviction Order

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Parties

Filbert Andrew Lutubija t/a Lutubija Enterprises

Defendant/judgment Debtor

Joseph Marijani

Plaintiff/decree Holder

Adelaide Damas Marijani

Objector/applicant

Procedural Posture

Civil / Ruling on Objection Proceedings During Execution

Legal Issues

  1. 1 Whether the attached property belongs to the judgment debtor or the objector
  2. 2 Whether the eviction order should be set aside against the objector

Ratio Decidendi

The objector established prima facie ownership of the attached property, and in the absence of proof that the property was held to defeat the decree, execution against her property is wrongful and unlawful.

Court Disposition

Objection allowed in relation to attachment of objector's property; dismissed regarding eviction order.

Orders

  • Attachment of objector's property set aside
  • Objection regarding eviction order dismissed