SANASI CONSTRUCTION LTD VS NBC LTD MISC

SANASI CONSTRUCTION LTD VS NBC LTD MISC

The execution order was not made ex parte or under Order IX, as the applicants were served and had the opportunity to show cause; therefore, the application to set aside or vacate the order is misconceived and dismissed.

Source-derived case information.

Citation
SANASI CONSTRUCTION LTD VS NBC LTD MISC
Parties
Applicant: Sanasi Construction Ltd; Applicant: Sanasi Preight Express Ltd; Applicant: Ahmed Khan (Administrator of the estate of the late Mashar Hussein); Applicant: Ahamed Khan; Respondent: National Bank Commerce Ltd
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2017
Procedural Posture
Miscellaneous Commercial Application / Ruling on Application to Set Aside/vacate Execution Order
Outcome
Application dismissed with costs
Legal Topics
Execution of Decree, Setting Aside Orders, Judgment Debtor Rights
Source Language
english
Civil Procedure Commercial Law Execution of Decree Setting Aside Orders Judgment Debtor Rights

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Parties

Sanasi Construction Ltd

Applicant

Sanasi Preight Express Ltd

Applicant

Ahmed Khan (Administrator of the estate of the late Mashar Hussein)

Applicant

Ahamed Khan

Applicant

National Bank Commerce Ltd

Respondent

Procedural Posture

Miscellaneous Commercial Application / Ruling on Application to Set Aside/vacate Execution Order

Legal Issues

  1. 1 Whether the order for execution was made in accordance with Order IX of the Civil Procedure Code
  2. 2 Whether the applicants were denied the right to be heard before the execution order

Ratio Decidendi

The execution order was not made ex parte or under Order IX, as the applicants were served and had the opportunity to show cause; therefore, the application to set aside or vacate the order is misconceived and dismissed.

Court Disposition

Application dismissed with costs

Orders

  • Misc. Commercial Application No. 381 of 2010 is dismissed with cost.