blue line enterprises vs east african development bank 2023 tzhc 17476 5 may 2023

blue line enterprises vs east african development bank 2023 tzhc 17476 5 may 2023

The court lacks jurisdiction to entertain the application for execution against the East African Development Bank because the Bank enjoys absolute immunity from legal process in all cases arising out of the exercise of its lending powers, as established by Article 44 of its Charter and affirmed by the Court of Appeal. The application is therefore dismissed.

Citation
blue line enterprises vs east african development bank 2023 tzhc 17476 5 may 2023
Parties
Applicant/decree Holder: Blue Line Enterprises; Respondent/judgment Debtor: East African Development Bank; Interested Party: Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
5 May 2023
Procedural Posture
Miscellaneous Civil Application / Ruling on Preliminary Objections
Outcome
Application dismissed
Legal Topics
Execution of Decrees, Immunity of International Organizations, Limitation of Actions
Source Language
English
Civil Procedure International Law Execution of Decrees Immunity of International Organizations Limitation of Actions

Case Brief

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Parties

Blue Line Enterprises

Applicant/decree Holder

East African Development Bank

Respondent/judgment Debtor

Attorney General

Interested Party

Procedural Posture

Miscellaneous Civil Application / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the application for execution is time-barred
  2. 2 Whether the court has jurisdiction in light of the immunity of the East African Development Bank
  3. 3 Whether the application is res judicata

Ratio Decidendi

The court lacks jurisdiction to entertain the application for execution against the East African Development Bank because the Bank enjoys absolute immunity from legal process in all cases arising out of the exercise of its lending powers, as established by Article 44 of its Charter and affirmed by the Court of Appeal. The application is therefore dismissed.

Court Disposition

Application dismissed

Orders

  • No order as to costs