20110721 TZCA Dar es Salaam 1

20110721 TZCA Dar es Salaam 1

The proper remedy for a party aggrieved by dismissal of objection proceedings under Order 21, Rule 62 is to file a suit, not to seek revision; the objector was not denied the right to be heard as he was given an opportunity to present his case but failed to do so.

Citation
20110721 TZCA Dar es Salaam 1
Parties
Objector/applicant: MOHAMED ENTERPRISES (T) LTD; Respondent: TANZANIA INVESTMENT BANK LTD; Decree Holder/respondent: MEIS INDUSTRIES LIMITED; Judgment Debtor/respondent: THE GOVERNMENT OF THE GREAT SOCIALIST PEOPLE'S LIBYAN ARAB JAMAHIRIYA
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
21 July 2011
Procedural Posture
Civil Revision / Application for Stay of Execution and Revision
Outcome
revision struck out with costs
Legal Topics
Execution of Decrees, Revision Jurisdiction, Right to Be Heard, Objection Proceedings
Source Language
English
Civil Procedure Execution of Decrees Revision Jurisdiction Right to Be Heard Objection Proceedings

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 4 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

MOHAMED ENTERPRISES (T) LTD

Objector/applicant

TANZANIA INVESTMENT BANK LTD

Respondent

MEIS INDUSTRIES LIMITED

Decree Holder/respondent

THE GOVERNMENT OF THE GREAT SOCIALIST PEOPLE'S LIBYAN ARAB JAMAHIRIYA

Judgment Debtor/respondent

Procedural Posture

Civil Revision / Application for Stay of Execution and Revision

Legal Issues

  1. 1 Whether a party whose objection proceedings were dismissed by the High Court can seek revision before the Court of Appeal
  2. 2 Whether the objector was denied the right to be heard

Ratio Decidendi

The proper remedy for a party aggrieved by dismissal of objection proceedings under Order 21, Rule 62 is to file a suit, not to seek revision; the objector was not denied the right to be heard as he was given an opportunity to present his case but failed to do so.

Court Disposition

revision struck out with costs

Orders

  • Revision proceedings are struck out with costs.