sanas construction ltd others vs national bank of commerce 2018 tzhccomd 94 3 july 2018

sanas construction ltd others vs national bank of commerce 2018 tzhccomd 94 3 july 2018

The execution order was not made ex-parte under Order IX but after the applicants were given an opportunity to show cause, which they did via affidavit. No sufficient reason was shown against execution, so the application to set aside the order is misconceived.

Citation
sanas construction ltd others vs national bank of commerce 2018 tzhccomd 94 3 july 2018
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
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
3 July 2018
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, Non Appearance, Show Cause Proceedings
Source Language
English
Civil Procedure Commercial Law Execution of Decree Setting Aside Orders Non Appearance Show Cause Proceedings

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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 a hearing before the execution order was issued

Ratio Decidendi

The execution order was not made ex-parte under Order IX but after the applicants were given an opportunity to show cause, which they did via affidavit. No sufficient reason was shown against execution, so the application to set aside the order is misconceived.

Court Disposition

Application dismissed with costs.

Orders

  • Misc. Commercial Application No. 381 of 2017 is dismissed with costs.