T ZAMBIA RAILWAY AUTHORITY VS TOTAL T LTD MISC

T ZAMBIA RAILWAY AUTHORITY VS TOTAL T LTD MISC

Section 85 of the TAZARA Act imposes a statutory bar prohibiting attachment of TAZARA property, including bank accounts, and Rule 57(1) of Order XXI of the Civil Procedure Code accommodates any form of claim or objection to attachment; thus, the application to lift Garnishee Orders is proper and must be granted.

Citation
T ZAMBIA RAILWAY AUTHORITY VS TOTAL T LTD MISC
Parties
Applicant/judgment Debtor: Tanzania Zambia Railway Authority; Respondent/decree Holder: Total Tanzania Limited
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2016
Procedural Posture
Miscellaneous Commercial Application / Ruling on Application to Lift and Set Aside Garnishee Orders
Outcome
Application granted; Garnishee Orders lifted and set aside.
Legal Topics
Garnishee Orders, Execution of Decree, Statutory Immunity, Attachment of Property
Source Language
English
Commercial Law Civil Procedure Garnishee Orders Execution of Decree Statutory Immunity Attachment of Property

Case Brief

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Parties

Tanzania Zambia Railway Authority

Applicant/judgment Debtor

Total Tanzania Limited

Respondent/decree Holder

Procedural Posture

Miscellaneous Commercial Application / Ruling on Application to Lift and Set Aside Garnishee Orders

Legal Issues

  1. 1 Whether TAZARA's bank accounts are immune from attachment under Section 85 of the TAZARA Act
  2. 2 Whether the application to lift Garnishee Orders was properly brought before the court

Ratio Decidendi

Section 85 of the TAZARA Act imposes a statutory bar prohibiting attachment of TAZARA property, including bank accounts, and Rule 57(1) of Order XXI of the Civil Procedure Code accommodates any form of claim or objection to attachment; thus, the application to lift Garnishee Orders is proper and must be granted.

Court Disposition

Application granted; Garnishee Orders lifted and set aside.

Orders

  • Garnishee Orders attaching TAZARA Bank Accounts No. 8704005454700 (Standard Chartered Bank, NIC Life House Branch) and No. 033103003133 (NBC Pugu Road Branch) are lifted and set aside.
  • Each party to bear its own costs.