This is a ruling on objection proceedings brought by the
applicant against the, 1st, 2nd, 3rd and 4th
Respondents. The gist of the application is about the attachment of motor
grader 140K with registration Number T687 CDN, which is not liable for
attachment subject to the execution of the decree in Commercial Case No. 141 of
2017.
The background to this application rests on Commercial Case
No. 141 of 2017 in which the 1st Respondent, Mantrac Tanzania
Limited sued the 2nd and 3rd Respondents jointly and
severally for the payment of USD. 300,192, being the value of one unreturned
machine of Motor Grader 140k and other damages, which was alleged due to the
expiration of the lease agreement, was in possession of the 2nd and 3rd
Respondents illegally.
The suit was settled and deed of settlement signed by the
parties on 27th June 2018, and then was filed in Court and
registered as the decree of this Court. As per the deed of settlement, the 2nd
and 3rd Respondents agreed to pay the 1st Respondent, the
outstanding rentals amounting to USD 363,874.94, the payment agreement which
was however not complied with. The 1st Respondent was thus left with
no option but to proceed with the execution by a way of attachment of the
equipment possessed by the applicant. This prompted the applicant to file these
objection proceedings against execution in Commercial Case No. 141 of 2017, as
she was never a party to the deed of settlement arising in the above mentioned
case and hence this ruling.