The first Respondent
obtained judgment for the sum of Tshs. 19,389,833 plus 7% interests.
After unsuccessfully trying to execute it by attachment of the Judgment Debtor’s
properties, the Decree Holder (the first Respondent) filed an application for
execution in the High Court Commercial Division by Attachment and Sale of the
Judgment Debtor’s Plot and Property built on that property at Bomangombe, Hai
District, Kilimanjaro Region. The High Court issued a prohibitory order in
respect of property. There is no evidence that the order of the court was
executed but the Applicant/Objector, then filed an application under O. XXI
rule 57(1) (2), section 48 (1) (c) and (d), and section 95 of the Civil
Procedure Code Act asking the Court to investigate the actual ownership of the
property attached which the Applicant claimed was not liable for attachment and
for a declaration that the home and property built thereon and situated at
Bomang’ombe, Hai District at Kilimanjaro Region was a matrimonial home of the
judgment debtor and that the Applicant’s livelihood depended on that home hence
not liable for sale. There was no evidence that the order of the court had
already been executed.