The applicant filed this application seeking the indulgence of this court for intervention over the attachment and proclamation of sale of a house. The application stems from Commercial Case No. 44 of 2011 in which KCB Bank; the first Respondent herein, was the plaintiff and Dar es Salaam Procurement and Supplies Ltd, Hassan Haile Abdi and Mariam Shrew Soud; the second, third and fourth Respondents herein, were the defendants. The house standing on Plot No. 961 Mbezi Kawe, Dar es Salaam was mortgaged as security. That suit was decided in favour of the plaintiff on 12.08.2011 after the defendants failed to appear and thus having failed to seek leave of the court to defend the summary suit. After that, the execution process was set into motion; on 13.09.2011 the security was attached and at the same time made an order pursuant to Order XXI rule 52 of the Civil Procedure Code, Cap 33 that the third Respondent who was the second judgment debtor in Commercial Case No. 44 of 2011, was prohibited and restrained from, inter alia, transferring ownership of the disputed house and on 22.10.2014, the court ordered execution against the house.
On 06.11.2014 the applicant filed this application. He was not a party to that suit; that is, Commercial Case No. 44 of 2011, but in an affidavit supporting the application, he deponed that he was a bona fide purchaser. He bought the disputed house from Abdulrahman Sharif Mahmoud (the sixth Respondent herein) and craved leave of the court that it should not be subjected to attachment and sale in satisfaction of the decree in Commercial Case No. 44 of 2011.