sharifa ally yusuph vs bank of baroda tanzania limited 5 others 2022 tzhccomd 267 30 august 2022

sharifa ally yusuph vs bank of baroda tanzania limited 5 others 2022 tzhccomd 267 30 august 2022

The applicant, as administrator of the deceased's estate with a legal interest in the mortgaged property, must be joined as an interested party to ensure the right to be heard and the interests of justice are served.

Source-derived case information.

Citation
sharifa ally yusuph vs bank of baroda tanzania limited 5 others 2022 tzhccomd 267 30 august 2022
Parties
Applicant: Sharifa Ally Yusuph; 1st Respondent: Bank of Baroda (Tanzania) Limited; 2nd Respondent: Kizimbani Gypsum & Mining Prospector Limited; 3rd Respondent: Mohamed Said Mohamed; 4th Respondent: Abdulaziz Said Mohamed; 5th Respondent: Shaban Mohamed; 6th Respondent: Delta Vililo Mafie
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
30 August 2022
Procedural Posture
Miscellaneous Commercial Application / Ruling on Application for Joinder as Interested Party
Outcome
Application granted
Legal Topics
Joinder of Parties, Third Party Rights, Matrimonial Property, Estate Administration
Source Language
english
Civil Procedure Commercial Law Joinder of Parties Third Party Rights Matrimonial Property Estate Administration

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Parties

Sharifa Ally Yusuph

Applicant

Bank of Baroda (Tanzania) Limited

1st Respondent

Kizimbani Gypsum & Mining Prospector Limited

2nd Respondent

Mohamed Said Mohamed

3rd Respondent

Abdulaziz Said Mohamed

4th Respondent

Shaban Mohamed

5th Respondent

Delta Vililo Mafie

6th Respondent

Procedural Posture

Miscellaneous Commercial Application / Ruling on Application for Joinder as Interested Party

Legal Issues

  1. 1 Whether the applicant should be joined as an interested party in Commercial Case No. 106 of 2021
  2. 2 Whether the applicant, as administrator of the deceased's estate, has a legal interest in the subject property

Ratio Decidendi

The applicant, as administrator of the deceased's estate with a legal interest in the mortgaged property, must be joined as an interested party to ensure the right to be heard and the interests of justice are served.

Court Disposition

Application granted

Orders

  • Applicant joined as a third party in Commercial Case No. 106 of 2021
  • No order as to costs