Philipo Ochieg vs national Distributors Limited & Another (Civil Case No 329 of 1990) [1999] TZHC 137 (1 April 1999)

PHILIPO OCHIENG . IN THE: HIGH GOU.RT OF TANZANIA (DAR.ES SALAAM DISTRICT REGISTRY) AT DAR is SALAAM CIVIL CASi NOoJ29 OF 1990 • • o • o o • o o e o o o • o o a a o o o o o o o o o o o a·• o" Versus NATION.AL DIS'rRIBUTORS LD1ITED AND ANO'rII8R ., 0 ••• " • R U L I N G f CHIP.CTA 1 J._: PLAINTIFF .DEF:I:ND1NTS The simple question in t'.iis matter is whether the execution of a decree passed by a court of law a;;ainst a legal person whose properties have since been transferred to a liquidator can. be ex8cuted against the / properties being administered by such liquidatoro In brief, the background of the matter is that the plaintiff, _\ · v Philipa Ochieng, successfully sued the defendant, National Distributors ' 1 Limied, for special and general damages, interest and costs. The judgment of this cow·t was .. delivered on 6th September, 1994 • .. Meanwhile; the aseets and liab.i.lities of the defendant were transferred to the Loans, Advances and -Realization Trust (LART) before· the judgment, was delivered. After carefully considering the learned advocates' written submissions, I am of the view that a decree of this court may be .executed against the properties being administered by the Liquidator of the defendant in the normal wcry. To hold otherwise would ca.use chaos and emasculate the powers . of this court. .It is so ruled. • . , ' .'· .. / ' f '., Bo D CHIPETA JUDGE

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• 2 - 1/4/99:. Coram: Dro Mr. Maira: Ruhangisa.DR, for the Appellant· for the Defendants Mr. ,Tenga: CC: Festo Court: Case coming for ruling •. Ruline; delivered in Chambers in the presence of Mr. Maira for the Appe.l.lant and Mr. Tenga for the Defendants~ -·(sgd): Dr. ,J.E. HUHANGISA DISTRICT REGISTRAR 1/4/1992 .