shalon janson vs sangulo gaudin and 2 others 2022 tzhc 14116 28 october 2022

The attachment and sale of the appellant's residential house was null and void as it contravened statutory provisions protecting residential property from attachment for debt recovery.

Citation: shalon janson vs sangulo gaudin and 2 others 2022 tzhc 14116 28 october 2022
Parties: Appellant: Shalon Janson; 1st Respondent: Sangulo Gaudin; 2nd Respondent: Jason Andrea; 3rd Respondent: Majemaje Auction Mart Brokers Ltd
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 28 October 2022
Procedural Posture: PC Civil Appeal / Judgment
Outcome: Matter settled by payment of debt; attachment and sale declared null and void.
Legal Topics: Attachment of Property, Debt Recovery, Residential Property Protection
Source Language: English

Civil Procedure Property Law Attachment of Property Debt Recovery Residential Property Protection

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 1

Parties

Shalon Janson

Appellant

Sangulo Gaudin

1st Respondent

Jason Andrea

2nd Respondent

Majemaje Auction Mart Brokers Ltd

3rd Respondent

Procedural Posture

PC Civil Appeal / Judgment

Legal Issues

1 Whether the appellant's residential house could be attached and sold for the debt of her husband
2 Whether the attachment and sale contravened statutory provisions

Ratio Decidendi

The attachment and sale of the appellant's residential house was null and void as it contravened statutory provisions protecting residential property from attachment for debt recovery.

Court Disposition

Matter settled by payment of debt; attachment and sale declared null and void.

Orders

Appellant's residential house to be returned to the appellant as soon as possible.
Each party to bear his/her own costs.