20141028 TZHC Dar es Salaam

20141028 TZHC Dar es Salaam

The application to set aside the sale is incompetent and misconceived because the law does not permit setting aside a sale of movable property for irregularity; the proper remedy is a suit for compensation. Even if competent, the applicant failed to prove substantial injury resulting from any irregularity.

Citation
20141028 TZHC Dar es Salaam
Parties
Applicant: Ruby Creek Gold Tanzania Limited; 1st Respondent: Tanstar Mining Company Limited; 2nd Respondent: MEM Auctioneers and General Brokers Limited
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
28 October 2014
Procedural Posture
Miscellaneous Commercial Cause / Ruling on Application to Set Aside Sale
Outcome
Application dismissed with costs
Legal Topics
Execution of Decrees, Setting Aside Sale, Locus Standi, Auction Irregularities
Source Language
English
Civil Procedure Commercial Law Execution of Decrees Setting Aside Sale Locus Standi Auction Irregularities

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Parties

Ruby Creek Gold Tanzania Limited

Applicant

Tanstar Mining Company Limited

1st Respondent

MEM Auctioneers and General Brokers Limited

2nd Respondent

Procedural Posture

Miscellaneous Commercial Cause / Ruling on Application to Set Aside Sale

Legal Issues

  1. 1 Whether the applicant has locus standi to challenge the sale of property
  2. 2 Whether the sale of movable property can be set aside for irregularity under the cited provisions
  3. 3 Whether there was material irregularity or fraud in the auction process causing substantial injury to the applicant

Ratio Decidendi

The application to set aside the sale is incompetent and misconceived because the law does not permit setting aside a sale of movable property for irregularity; the proper remedy is a suit for compensation. Even if competent, the applicant failed to prove substantial injury resulting from any irregularity.

Court Disposition

Application dismissed with costs

Orders

  • Application dismissed in its entirety with costs