19990604 TZHC Arusha

19990604 TZHC Arusha

Objection proceedings under Rules 57-59 of Order 21 CPC are incompetent once the attached property has been sold and the decree satisfied; the only remedy available to the objectors is by way of a regular suit under Rule 76. The application is therefore misconceived and incompetent.

Citation
19990604 TZHC Arusha
Parties
Applicant/objector: Elias Sadira; Applicant/objector: Filipo Sadira; Applicant/objector: Marko Kaleku; Respondent/judgment Creditor: Ionyoira Ndoros; Respondent/judgment Debtor: Kombin Sadira (Village Chairman); Respondent/judgment Debtor: Edward Lesokoi (Village Secretary); Respondent/judgment Debtor: EJC Village Chairman
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
4 June 1999
Procedural Posture
Civil Application (objection Proceedings) / Ruling on Preliminary Objection
Outcome
Application struck out with costs
Legal Topics
Objection Proceedings, Attachment and Sale of Property, Compensation for Wrongful Attachment
Source Language
English
Civil Procedure Execution of Decrees Objection Proceedings Attachment and Sale of Property Compensation for Wrongful Attachment

Case Brief

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Parties

Elias Sadira

Applicant/objector

Filipo Sadira

Applicant/objector

Marko Kaleku

Applicant/objector

Ionyoira Ndoros

Respondent/judgment Creditor

Kombin Sadira (Village Chairman)

Respondent/judgment Debtor

Edward Lesokoi (Village Secretary)

Respondent/judgment Debtor

EJC Village Chairman

Respondent/judgment Debtor

Procedural Posture

Civil Application (objection Proceedings) / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether objection proceedings under Rules 57-59 of Order 21 CPC are competent after the attached property has been sold
  2. 2 Whether compensation can be ordered in objection proceedings under these rules

Ratio Decidendi

Objection proceedings under Rules 57-59 of Order 21 CPC are incompetent once the attached property has been sold and the decree satisfied; the only remedy available to the objectors is by way of a regular suit under Rule 76. The application is therefore misconceived and incompetent.

Court Disposition

Application struck out with costs

Orders

  • Application is struck out as misconceived and incompetent
  • Applicants to pay costs