saadat abdulaziz rais vs wanzagi selemani makongoro 2020 tzhcld 3791 20 november 2020

saadat abdulaziz rais vs wanzagi selemani makongoro 2020 tzhcld 3791 20 november 2020

The property attached for execution does not belong to the judgment debtor but to the applicant; therefore, the attachment order was erroneous and must be lifted.

Citation
saadat abdulaziz rais vs wanzagi selemani makongoro 2020 tzhcld 3791 20 november 2020
Parties
Applicant: Saadat Abdulaziz Rais; 1st Respondent: Wanzagi Selemani Makongoro; 2nd Respondent: First Observer Security Co. Ltd.; 3rd Respondent: Stanley J. Kevela, T/A Yono Auction Mart & Co. Ltd.
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
20 November 2020
Procedural Posture
Labour Revision / Ruling on Objection to Attachment Order
Outcome
Application allowed
Legal Topics
Execution of Judgments, Attachment of Property, Ownership Dispute
Source Language
English
Labour Law Civil Procedure Execution of Judgments Attachment of Property Ownership Dispute

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Parties

Saadat Abdulaziz Rais

Applicant

Wanzagi Selemani Makongoro

1st Respondent

First Observer Security Co. Ltd.

2nd Respondent

Stanley J. Kevela, T/A Yono Auction Mart & Co. Ltd.

3rd Respondent

Procedural Posture

Labour Revision / Ruling on Objection to Attachment Order

Legal Issues

  1. 1 Whether the attached property belongs to the judgment debtor
  2. 2 Whether the attachment order was valid

Ratio Decidendi

The property attached for execution does not belong to the judgment debtor but to the applicant; therefore, the attachment order was erroneous and must be lifted.

Court Disposition

Application allowed

Orders

  • Attachment order lifted
  • 3rd Respondent ordered to release the house to the Applicant