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Cleophace Anatory v. Paul Edward, (PC) Civ. App. 91-M-67, 13/1/68, Mustafa J.

Cleophace Anatory v. Paul Edward, (PC) Civ. App. 91-M-67, 13/1/68, Mustafa J.

A judgment creditor, on a loan of Shs. 7,000/- sought execution of the decree. The Primary Court ordered the sale of the debtor’s shamba. Applicant, the son of the judgment debtor, brought objection. Proceedings against the sale, on the ground that he and his brother were in possession of the shamba. Objection proceedings were dismissed in the District Court.

            Held: Applicant is not competent to bring this action, since he was not a party to the original dispute. 

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