20190806 TZHC Dar es Salaam

20190806 TZHC Dar es Salaam

The attachment order was illegal as it did not comply with the Principal Judge's Circular No. 2 of 2010; therefore, the attachment must be lifted and the properties released.

Citation
20190806 TZHC Dar es Salaam
Parties
Applicant: Reli Assets Holding Co. Ltd; 1st Respondent: Ahmed Ntamila; 2nd Respondent: Propety International Ltd
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
6 August 2019
Procedural Posture
Miscellaneous Civil Application / Ruling on Application to Set Aside Attachment Order
Outcome
Application granted
Legal Topics
Attachment of Property, Execution of Decrees, Illegality of Court Orders
Source Language
English
Civil Procedure Labour Law Attachment of Property Execution of Decrees Illegality of Court Orders

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Parties

Reli Assets Holding Co. Ltd

Applicant

Ahmed Ntamila

1st Respondent

Propety International Ltd

2nd Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Application to Set Aside Attachment Order

Legal Issues

  1. 1 Whether the attachment order issued by the District Court of Morogoro was legal
  2. 2 Whether the applicant's assets are liable for attachment in execution of the decree

Ratio Decidendi

The attachment order was illegal as it did not comply with the Principal Judge's Circular No. 2 of 2010; therefore, the attachment must be lifted and the properties released.

Court Disposition

Application granted

Orders

  • The decretal amount of Tshs. 32,493,500/= remains as ordered by the executing court.
  • The attachment is lifted and the properties listed in the attachment order dated 27/08/2014 are to be released forthwith.