19990401 TZHC Dar es Salaam
Execution of a court decree is permissible against properties being administered by a liquidator, as restricting this would undermine the court's authority.
- Citation
- 19990401 TZHC Dar es Salaam
- Parties
- Plaintiff: Philipo Ochieng; Defendant: National Distributors Limited; Liquidator: Loans, Advances and Realization Trust (LART)
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 1 April 1999
- Procedural Posture
- Civil / Ruling on Execution of Decree
- Outcome
- Decree may be executed against properties administered by liquidator.
- Legal Topics
- Execution of Decree, Liquidation, Judgment Enforcement
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Philipo Ochieng
Plaintiff
National Distributors Limited
Defendant
Loans, Advances and Realization Trust (LART)
Liquidator
Procedural Posture
Civil / Ruling on Execution of Decree
Legal Issues
- 1 Whether a decree can be executed against properties administered by a liquidator after assets and liabilities have been transferred
Ratio Decidendi
Execution of a court decree is permissible against properties being administered by a liquidator, as restricting this would undermine the court's authority.
Court Disposition
Decree may be executed against properties administered by liquidator.
Orders
- Execution of decree allowed against properties under liquidator's administration
Full Case Text
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