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Tanzania decisions
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The applicant lacked standing to object to attachment based on encumbrances; only the secured creditor could object. The executing court acted within its mandate as the consent decree allowed for execution in case of default, and the applicant remained liable for the decretal amount. All grounds lacked merit.
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The district court lacked jurisdiction to order the applicant's detention as a civil prisoner in execution of a primary court decree without a request from the primary court, and there was no evidence that the applicant had the means to pay and wilfully refused to do so; thus, the order for detention was set aside.
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The High Court set aside a court-ordered auction sale of the appellant’s land, finding material irregularities in execution, including lack of valuation and sale below market value.
The application for arrest and detention of the judgment debtor as a civil prisoner was dismissed because the decree holder failed to demonstrate that other modes of execution had been exhausted and did not establish the conditions required under Order XXI Rule 39(2) of the Civil Procedure Code.
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The District Court did not disregard the issue of illegality and properly exercised its discretion in dismissing the application for extension of time. The appellants had been afforded the opportunity to be heard during execution proceedings, and the eviction order was a matter of enforcing previously determined rights. Rule 58 was not violated, and the claim of illegality was unsubstantiated.
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The revision application is not an abuse of court process as execution orders are not appealable. The executing court did not alter the decree but implemented the mode of assistance sought by the decree holder, which was justified by the evidence. There is no illegality in the execution order.
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The High Court allowed the appellant to withdraw a civil appeal challenging objection proceedings in execution, holding that a fresh suit was the proper remedy.
The applicant failed to prove, through affidavit evidence, the existence of an attachment order in Execution Civil Case No. 34 of 2018 over the subject properties. As both the existence of attachment and a protectable interest must be proved conjunctively, and only the latter was established, the application lacked merit and was dismissed.
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High Court revision on execution of a decree. The court held the decree holder could pursue an alternative mode of execution after the original mode became ineffectual.
The High Court dismissed an application to vary a temporary injunction and release attached trucks to the applicant, finding it would pre-empt the ownership suit.
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