rashida muswadiku vs raymond pastory and two others 2021 tzhc 6527 24 september 2021

The applicant proved the attached land is matrimonial property and her family's livelihood wholly depends on it; therefore, it is non-attachable under Section 48(1)(d) of the Civil Procedure Code.

Citation: rashida muswadiku vs raymond pastory and two others 2021 tzhc 6527 24 september 2021
Parties: Applicant: Rashida Muswadiku; 1st Respondent: Raymond Pastory; 2nd Respondent: Majemaje Auction Mart & Court Brokers; 3rd Respondent: Muswadiku Pastory
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 24 September 2021
Procedural Posture: Misc Civil Application / Objection Proceedings on Execution
Outcome: Application granted
Legal Topics: Attachment of Property, Matrimonial Property, Execution of Decree
Source Language: English

Civil Procedure Family Law Attachment of Property Matrimonial Property Execution of Decree

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 1

Parties

Rashida Muswadiku

Applicant

Raymond Pastory

1st Respondent

Majemaje Auction Mart & Court Brokers

2nd Respondent

Muswadiku Pastory

3rd Respondent

Procedural Posture

Misc Civil Application / Objection Proceedings on Execution

Legal Issues

1 Whether the attached land is matrimonial property and non-attachable under Civil Procedure Code
2 Whether the applicant's livelihood is wholly dependent upon the attached land

Ratio Decidendi

The applicant proved the attached land is matrimonial property and her family's livelihood wholly depends on it; therefore, it is non-attachable under Section 48(1)(d) of the Civil Procedure Code.

Court Disposition

Application granted

Orders

Attached farm released from attachment
Decree Holder to identify other attachable properties for recovery