arusha blooms ltd another vs tib development bank ltd others 2019 tzhc 120 31 october 2019

arusha blooms ltd another vs tib development bank ltd others 2019 tzhc 120 31 october 2019

The petition was rendered moot as the subject property had already been sold and a certificate of sale issued, thus the reliefs sought could not be granted; the petitioners should have acted before the auction or issuance of the certificate of sale.

Citation
arusha blooms ltd another vs tib development bank ltd others 2019 tzhc 120 31 october 2019
Parties
Petitioner: Arusha Blooms Limited; Petitioner: Felix Mrema; Respondent: TIB Development Bank Limited; Respondent: Daniel Welwel; Respondent: Vintan Mbiro
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
31 October 2019
Procedural Posture
Miscellaneous Civil Application (arbitration) / Ruling on Preliminary Objections
Outcome
Petition dismissed as overtaken by events with costs.
Legal Topics
Referral to Arbitration, Receiver's Powers, Locus Standi, Preservation of Property, Overriding Objective Principle
Source Language
English
Arbitration Civil Procedure Company Law Referral to Arbitration Receiver's Powers Locus Standi Preservation of Property Overriding Objective Principle

Case Brief

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Parties

Arusha Blooms Limited

Petitioner

Felix Mrema

Petitioner

TIB Development Bank Limited

Respondent

Daniel Welwel

Respondent

Vintan Mbiro

Respondent

Procedural Posture

Miscellaneous Civil Application (arbitration) / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether failure to cite enabling provision of law is fatal to the petition
  2. 2 Whether petitioners had locus standi and authority to file the petition
  3. 3 Whether the petition was overtaken by events due to sale of the subject property

Ratio Decidendi

The petition was rendered moot as the subject property had already been sold and a certificate of sale issued, thus the reliefs sought could not be granted; the petitioners should have acted before the auction or issuance of the certificate of sale.

Court Disposition

Petition dismissed as overtaken by events with costs.

Orders

  • Petition dismissed
  • Costs awarded to respondents