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Tanzania Case Law

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Civil procedure SEYANI BROTHERS RULING 2

SEYANI BROTHERS RULING 2

Applicants demonstrated sufficient interest in the attached property through sale agreements, payments, and court decisions, and such interests are recognized under the Unit Titles Act even if not registered. The attachment of the main title, which comprises common property and unit titles owned by different persons, cannot stand. The property is released from attachment as the applicants have established their interests.

  • Objection to execution
  • Unit titles
  • Attachment and sale of property
  • Interest in land
  • Registration of interests
  • Prohibitory orders
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Civil procedure nam enterprises ltd four others vs first national tanzania ltd 2022 tzhccomd 353 15 november 2022

nam enterprises ltd four others vs first national tanzania ltd 2022 tzhccomd 353 15 november 2022

The court was justified in issuing prohibitory orders without notice to show cause as the application for execution was filed within one year of the decree, and the law does not require such notice in these circumstances.

  • Review of court orders
  • Execution of decrees
  • Prohibitory orders
  • Notice to show cause
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Civil procedure ZACHARIA WILLIAM SALEMIS VS STABINC BANK T LTD MISC

ZACHARIA WILLIAM SALEMIS VS STABINC BANK T LTD MISC

The objector failed to produce admissible evidence of interest in the property at the date of attachment due to non-compliance with stamp duty and land approval requirements, and the property remained in the possession of the judgment debtors; therefore, the application is disallowed and attachment continues.

  • Attachment of property
  • Stamp duty compliance
  • Transfer of property
  • Execution of decree
  • Prohibitory orders
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Civil procedure 20051226 TZHC Dr es Salaam

20051226 TZHC Dr es Salaam

The High Court allowed an appeal, holding that a sale made in defiance of a valid prohibitory order was void and passed no title to the respondent.

  • Execution of decrees
  • Prohibitory orders
  • Fraudulent transfer
  • Bona fide purchaser
  • Execution-of-decrees
  • Prohibitory-orders
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Tanzania decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.