20121128 TZHC Dar es Salaam

20121128 TZHC Dar es Salaam

The contract is silent on the mode of interest; therefore, simple interest applies. The sum to be garnished is TZS 1,383,638,655.34 or USD 890,372.36. The application to lift the Garnishee Order Nisi fails, but the correct sum is clarified.

Citation
20121128 TZHC Dar es Salaam
Parties
Applicant/judgment Debtor: Air Tanzania Company Ltd; Respondent/decree Holder: Ultimate Security Tanzania Ltd
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
28 November 2012
Procedural Posture
Commercial Case / Ruling on Application to Lift Garnishee Order Nisi and Determine Correct Decretal Sum
Outcome
Application dismissed with qualification on correct sum to be garnished.
Legal Topics
Garnishee Proceedings, Interest Calculation, Contract Interpretation, Company Liability
Source Language
English
Civil Procedure Commercial Law Garnishee Proceedings Interest Calculation Contract Interpretation Company Liability

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Parties

Air Tanzania Company Ltd

Applicant/judgment Debtor

Ultimate Security Tanzania Ltd

Respondent/decree Holder

Procedural Posture

Commercial Case / Ruling on Application to Lift Garnishee Order Nisi and Determine Correct Decretal Sum

Legal Issues

  1. 1 Whether the Garnishee Order Nisi should be lifted
  2. 2 What is the correct decretal sum to be paid
  3. 3 Whether compound or simple interest applies

Ratio Decidendi

The contract is silent on the mode of interest; therefore, simple interest applies. The sum to be garnished is TZS 1,383,638,655.34 or USD 890,372.36. The application to lift the Garnishee Order Nisi fails, but the correct sum is clarified.

Court Disposition

Application dismissed with qualification on correct sum to be garnished.

Orders

  • Sum to be garnished is TZS 1,383,638,655.34 or USD 890,372.36 instead of USD 999,237.14.
  • Respondent awarded costs.