20101025 TZHC Dar es Salaam2

20101025 TZHC Dar es Salaam2

Section 95 of the Civil Procedure Code is not the proper provision to move the court for joinder or attachment orders at execution stage; section 48 CPC governs attachment of property passing through non-parties. Application relying on section 95 CPC is misconceived and must be struck out.

Citation
20101025 TZHC Dar es Salaam2
Parties
Applicant: Omari Mbuzini Kilama; Respondent: Nehemiah Jeremiah Makofia; Interested Party: Mtibwa Sugar Ltd; Interested Party: Mtibwa Outgrowers Association
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
25 October 2010
Procedural Posture
Civil / Execution Application
Outcome
application struck out
Legal Topics
Execution of Decrees, Joinder of Parties, Attachment Orders
Source Language
English
Civil Procedure Execution of Decrees Joinder of Parties Attachment Orders

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 2 Authorities cited 3 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Omari Mbuzini Kilama

Applicant

Nehemiah Jeremiah Makofia

Respondent

Mtibwa Sugar Ltd

Interested Party

Mtibwa Outgrowers Association

Interested Party

Procedural Posture

Civil / Execution Application

Legal Issues

  1. 1 Whether section 95 of the Civil Procedure Code can be used to join non-parties at execution stage
  2. 2 Whether an attachment order can be issued against non-parties to the original suit

Ratio Decidendi

Section 95 of the Civil Procedure Code is not the proper provision to move the court for joinder or attachment orders at execution stage; section 48 CPC governs attachment of property passing through non-parties. Application relying on section 95 CPC is misconceived and must be struck out.

Court Disposition

application struck out

Orders

  • Application struck out
  • No order as to costs