20061005 TZCA Dar es Salaam2

20061005 TZCA Dar es Salaam2

Given the nullification of the consent judgment, decree, and garnishee order, and the pending reference, the interests of justice require that the 40 million Tshs. remain deposited in the High Court until the reference is heard and determined.

Citation
20061005 TZCA Dar es Salaam2
Parties
Applicant: K. V. Construction Ltd; Respondent: Mwananchi Engineering & Construction Ltd
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
5 October 2006
Procedural Posture
Civil Application / Ruling on Application for Stay of Execution Pending Reference
Outcome
Application granted
Legal Topics
Stay of Execution, Garnishee Orders, Consent Judgment, Reference Proceedings
Source Language
English
Civil Procedure Stay of Execution Garnishee Orders Consent Judgment Reference Proceedings

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Parties

K. V. Construction Ltd

Applicant

Mwananchi Engineering & Construction Ltd

Respondent

Procedural Posture

Civil Application / Ruling on Application for Stay of Execution Pending Reference

Legal Issues

  1. 1 Whether the garnisheed sum should remain deposited pending the outcome of Reference No. 3 of 2004
  2. 2 Effect of nullification of consent judgment, decree, and garnishee order on execution proceedings

Ratio Decidendi

Given the nullification of the consent judgment, decree, and garnishee order, and the pending reference, the interests of justice require that the 40 million Tshs. remain deposited in the High Court until the reference is heard and determined.

Court Disposition

Application granted

Orders

  • The 40 million Tshs. to be deposited in the High Court pending hearing and decision of Reference No. 3 of 2004.
  • Applicant awarded costs.