(COURT OF APPEAL)

ABDALLA MOHAMED OMER BASHNEIN V. CHABOBHEEG NARIMDAS

AC-RE.105-1960

Principles

·  Land Law—Sale of land ordered in execution—Governor may not withhold consent— Civil Justice Ordinance 1929, S. 201: (2)

·  Civil Procedure—Execution——Court order for sale of land—Governor may not with. hold consent—Civil Justice Ordinance :929. S. 201 (2)

·  A Province Governor may not withhold consent to an execution sale of land ordered by a Civil Court.

Land Law—Sale of land ordered in execution—Governor may not withhold consent— Civil Justice Ordinance 1929, S. 201: (2)
Civil Procedure—Execution——Court order for sale of land—Governor may not with. hold consent—Civil Justice Ordinance :929. S. 201 (2)
A Province Governor may not withhold consent to an execution sale of land ordered by a Civil Court.

Land Law—Sale of land ordered in execution—Governor may not withhold consent— Civil Justice Ordinance 1929, S. 201: (2)
Civil Procedure—Execution——Court order for sale of land—Governor may not with. hold consent—Civil Justice Ordinance :929. S. 201 (2)
A Province Governor may not withhold consent to an execution sale of land ordered by a Civil Court.

Land Law—Sale of land ordered in execution—Governor may not withhold consent— Civil Justice Ordinance 1929, S. 201: (2)
Civil Procedure—Execution——Court order for sale of land—Governor may not with. hold consent—Civil Justice Ordinance :929. S. 201 (2)
A Province Governor may not withhold consent to an execution sale of land ordered by a Civil Court.
 

Judgment

M. A. Hassib J. (by authority of the Chief Justice). April 6, 5960:— In the original court, execution was allowed for the collection of £S.395..010m/ms The court failed to collect, save a small amount, and there remained a sum of £S.324.80 for recovery of which the court sought to sell debtor’s immovables, namely, four plots leased to debtor in Aroma residential area.

Governor Kassala, when he was approached, refused to give his consent on the ground that the said plots were the only property of the judgment- debtor and were used by him for his living. He has two daughters and a son. The District Judge on that refusal of consent refrained from sale of the real property.

The matter came up to the learned Province Judge, who ruled that refusal by the Governor should not be accepted as reason to default justice. He referred to Mohamed Osman KhaIiI v. Abbas Ahmed El Sadik and An-thother, AC-REV-2-I956 (1967) S.L.J.R. ‘13.

The application is hopeless. The Governor cannot withhold his consent in such a case.

Editors’ Note.—In Mohamed Osman Khalil v. Abbas Ahmed El Sadik and Another, supra, the Court of Appeal, per M. A. Abu Rannat C.J., held that the Governor could not withhold consent to a sale of land ordered in execution, where the decree-holder would be left “without any relief for the recovery of his debt,” even though the judgment-debtor lived in the house with his family. The Honourable Chief Justice noted, however, that the Governor could properly exercise his discretion and refuse his consent to the sale where the land was the sole means of support available to the judgment debtor  and his family’ ((1961) S.L.J.R. 13 ,15). The judgment-debtor in that case had other means of support, and that fact apparently took the case out of the Governor’s range of discretion. In the instant case, however, M. A. Hassib J. states only that judgment-debtor’s plots “were used by him for his living.”