STANBIC BANK OF T LTD VS DICK AIDAN MWALUKO KUBUDI MISC
The application was procedurally defective for incorrect citation of legal provisions and improper form; further, the decree had been adjusted and fully satisfied by payment, precluding further execution.
- Citation
- STANBIC BANK OF T LTD VS DICK AIDAN MWALUKO KUBUDI MISC
- Parties
- Applicant: Stanbic Bank Tanzania Ltd; Respondent: Dick Aidan Mwaluko Kabudi; Respondent: Darius Rutakinikwa Darius; Respondent: Fatuma Mwincande Rutakinkwa
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 1 January 2014
- Procedural Posture
- Miscellaneous Commercial Application / Ruling on Execution Application
- Outcome
- application dismissed
- Legal Topics
- Execution of Decrees, Omnibus Applications, Procedural Compliance
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Stanbic Bank Tanzania Ltd
Applicant
Dick Aidan Mwaluko Kabudi
Respondent
Darius Rutakinikwa Darius
Respondent
Fatuma Mwincande Rutakinkwa
Respondent
Procedural Posture
Miscellaneous Commercial Application / Ruling on Execution Application
Legal Issues
- 1 Whether the application for execution was properly filed under the Civil Procedure Code
- 2 Whether the decree in Commercial Case No. 53 of 2010 was satisfied
- 3 Whether the applicant can seek execution after decree adjustment and satisfaction
Ratio Decidendi
The application was procedurally defective for incorrect citation of legal provisions and improper form; further, the decree had been adjusted and fully satisfied by payment, precluding further execution.
Court Disposition
application dismissed
Orders
- Applicant to pay costs of the matter
Full Case Text
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