High Court Commercial Division - 2003 February

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2 judgments

Citation	Judgment date
February 2003
CRDB Bank Ltd vs Tanzania Agroindustries Co. Ltd (Commercial Case No. 194 Of 2001) [2003] TZHCComD 10 (10 February 2003) Application to postpone auction sale dismissed; court cannot grant relief not pleaded and Rule 81(1) was only technically available. Civil Procedure – O.XXI, R.81 CPC – Application to postpone sale of immovable property – Distinction between sales in enforcement of mortgage and ordinary decree sales – Relief must be pleaded in chamber summons; affidavit/submissions cannot introduce new prayers – Court will not grant superfluous orders where sale time has elapsed.	10 February 2003
Abdirizakh Seleman Tuke vs Dhow Merchantile (EA) Ltd (Commercial Case No. 147 of 2002) [2003] TZHCComD 11 (3 February 2003) An unargued preliminary objection is abandoned, and annexures did not constitute admission of payment of the debt. Civil procedure – preliminary objections – abandonment where not argued; Pleadings and annexures – whether they constitute admission for judgment by admission (Order XII, Rule 4 CPC); Debenture validity – challenge under Notaries Public and Commissioner for Oaths Ordinance (not argued).	3 February 2003