skywords construction company limited vs eco bank tanzania limited and 5 others 2021 tzhccomd 3389 29 october 2021

skywords construction company limited vs eco bank tanzania limited and 5 others 2021 tzhccomd 3389 29 october 2021

The applicant failed to prove any legally recognized or registered interest in the disputed property at the time of attachment, nor was the applicant in possession. The applicant's contractual claim was inferior to the 1st respondent's registered mortgage, and the contract relied upon was not registered as required by law. Therefore, the applicant's objection proceedings could not succeed, and the application was dismissed.

Citation
skywords construction company limited vs eco bank tanzania limited and 5 others 2021 tzhccomd 3389 29 october 2021
Parties
Applicant: Skywards Construction Company Limited; 1st Respondent: Ecobank Tanzania Limited; 2nd Respondent: Benbros Motor's Limited; 3rd Respondent: Yasser Mohamed Es-Haq; 4th Respondent: Noufal Mohamed Es-Haq; 5th Respondent: Yusra Mohamed Abdullah Es-Haq; 6th Respondent: Noel Estate Company Limited
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
29 October 2021
Procedural Posture
Miscellaneous Commercial Application / Ruling on Objection Proceedings and Application for Stay of Execution
Outcome
Application dismissed with costs
Legal Topics
Objection Proceedings, Execution of Decree, Priority of Registered Interests, Attachment and Sale of Property, Land Registration
Source Language
English
Civil Procedure Commercial Law Property Law Objection Proceedings Execution of Decree Priority of Registered Interests Attachment and Sale of Property Land Registration

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Parties

Skywards Construction Company Limited

Applicant

Ecobank Tanzania Limited

1st Respondent

Benbros Motor's Limited

2nd Respondent

Yasser Mohamed Es-Haq

3rd Respondent

Noufal Mohamed Es-Haq

4th Respondent

Yusra Mohamed Abdullah Es-Haq

5th Respondent

Noel Estate Company Limited

6th Respondent

Procedural Posture

Miscellaneous Commercial Application / Ruling on Objection Proceedings and Application for Stay of Execution

Legal Issues

  1. 1 Whether the applicant has a legally recognized interest in the attached property sufficient to warrant release from attachment and sale
  2. 2 Whether the applicant was in possession or had interest at the time of attachment as required by law
  3. 3 Whether the applicant's unregistered contractual claim can override a registered mortgagee's interest

Ratio Decidendi

The applicant failed to prove any legally recognized or registered interest in the disputed property at the time of attachment, nor was the applicant in possession. The applicant's contractual claim was inferior to the 1st respondent's registered mortgage, and the contract relied upon was not registered as required by law. Therefore, the applicant's objection proceedings could not succeed, and the application was dismissed.

Court Disposition

Application dismissed with costs

Orders

  • The application is dismissed with costs.