NA TZHC Dar es Salaam2 2

IN THE HIGH COURT OF TANZANIA (COMMERCIAL DIVISION) AT DAR ES SALAAM COMMERCIAL CASE NO. 40 OF 2000 . SUCHAK & SONS CO. LIMITED ...................... APPLICANT VERSUS SWEDISH MOTOR CORPORATION ................RESPONDENT RULING KALEGEYA, J: The Applican~ prays for leave to appeal to the Court of Appeal against the "Ruling and Orders" of this Court dated 4th November, 2003. The appljcation is supported by_ an affidavit of Nilesh Suchak, the Applicant's Director. The application was heard exparte as the -Respondents though served failed to make appearance. Mr. Magafu, Advocate, adopting the supporting affidavit simp~y and . briefly submitted, "We pray that our application be granted because there are points of facts and law which require. to be resolved by the Court ofAppeal. " The affidavit upon which Mr. Magafu base4 his submissions has the following: 2 "1. That I am the Director of the SUCHAK & SONS CO. LIMITED which is the applicant in the above named matter, and I am conversant with the facts I am about to depose hereunder:- 2. That the Ruling of this court which was delivered on 4th November, 2003 by Hon. Kalegeya, Jin respect of attaching two motor vehicle with registration Nos. TZM 5294 and 4343 has been brought into my attention. 3. That I am totally dissatisfied and or aggrieved with the Ruling and orders arising therefrom. 4. That the notice of appeal was lodged on the ih day of November 2003. 5. That my dissatisfaction in particular arises from the following fact. (i) The trial judge having made a finding that the balance outstanding should be .USD 67,371 has proceeded to grant orders for attachments of two motor vehicle whose value exceed USD 100,000.00 on a mere fact that the applicant did not give breakdown as to the price of one vehicle. (ii) The trial judge having appreciated that USD 55, 000, 00 had been realized out of the sale of the motor vehicle DO 4344 and USD 31,000,00 having been paid to Tanzania Revenue Authority, he failed to appreciate that the Respondent had remained with USD 24,000.00 which in any case are supposed to be deducted out of the decretal sum. 6. That I verily believed that my dissatisfaction as pointed out in the foregoing paragraph raises a serious point of law, which has to be considered by the court ofAppeal of Tanzania." The ruling which is intended to be impugned was in respect of the Respondent/Decree - holder's prayer in execution proceedings: