khashili rajabu vs hamad rajabu ta others 2002 tzhc 2042 22 march 2002

khashili rajabu vs hamad rajabu ta others 2002 tzhc 2042 22 march 2002

The application is misconceived and has no standing in law because the sale is pursuant to a mortgage contract and not through execution of a court decree; further, the applicant failed to prosecute the application by not filing submissions as ordered.

Citation
khashili rajabu vs hamad rajabu ta others 2002 tzhc 2042 22 march 2002
Parties
Applicant/objector: Khashil Rajabu; Respondents: Hamad Rajabu t/a 14/g Rajabu Auto Spares & Others; Second Respondent: NBC Ltd; Respondents' Advocate: IMMA & Co Advocates
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
22 March 2002
Procedural Posture
Civil Case / Ruling on Application to Set Aside Sale of Attached Property
Outcome
Application dismissed with costs for want of prosecution and lack of legal standing.
Legal Topics
Setting Aside Sale of Attached Property, Objection Proceedings, Execution of Decree, Mortgage Enforcement
Source Language
English
Civil Procedure Property Law Setting Aside Sale of Attached Property Objection Proceedings Execution of Decree Mortgage Enforcement

Case Brief

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Parties

Khashil Rajabu

Applicant/objector

Hamad Rajabu t/a 14/g Rajabu Auto Spares & Others

Respondents

NBC Ltd

Second Respondent

IMMA & Co Advocates

Respondents' Advocate

Procedural Posture

Civil Case / Ruling on Application to Set Aside Sale of Attached Property

Legal Issues

  1. 1 Whether the sale of the attached property should be set aside pending investigation of claims and objections
  2. 2 Whether the application is maintainable under the cited provisions of the Civil Procedure Code
  3. 3 Whether the application should be dismissed for want of prosecution

Ratio Decidendi

The application is misconceived and has no standing in law because the sale is pursuant to a mortgage contract and not through execution of a court decree; further, the applicant failed to prosecute the application by not filing submissions as ordered.

Court Disposition

Application dismissed with costs for want of prosecution and lack of legal standing.

Orders

  • Application by Khashil Rajabu dismissed with costs.
  • No further relief granted.