ballast construction coltd vs tanga cement company 2009 tzhc 186 31 july 2009

ballast construction coltd vs tanga cement company 2009 tzhc 186 31 july 2009

The executing court must implement the superior court's award of interest at 34% per annum from the date of filing to the date of judgment, without reinterpretation. Previous executory orders are set aside due to procedural irregularities and lack of proper notice to the respondent. The applicant is granted leave to reapply for execution within thirty days with proper notice to the respondent.

Citation
ballast construction coltd vs tanga cement company 2009 tzhc 186 31 july 2009
Parties
Applicant: Ballast Construction Co. Ltd; Respondent: Tanga Cement Company
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
31 July 2009
Procedural Posture
Civil Revision / Revisional Order
Outcome
Previous executory orders set aside; applicant granted leave to reapply for execution within thirty days; no order as to costs.
Legal Topics
Execution of Decree, Interest Calculation, Garnishee Proceedings
Source Language
English
Civil Procedure Contract Law Execution of Decree Interest Calculation Garnishee Proceedings

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Parties

Ballast Construction Co. Ltd

Applicant

Tanga Cement Company

Respondent

Procedural Posture

Civil Revision / Revisional Order

Legal Issues

  1. 1 Whether the execution of the decree was properly conducted in accordance with the Court of Appeal's decision
  2. 2 Whether the calculation of interest at the commercial bank rate of 34% per annum from the date of filing to the date of judgment was properly applied
  3. 3 Whether the respondent was properly notified of execution proceedings

Ratio Decidendi

The executing court must implement the superior court's award of interest at 34% per annum from the date of filing to the date of judgment, without reinterpretation. Previous executory orders are set aside due to procedural irregularities and lack of proper notice to the respondent. The applicant is granted leave to reapply for execution within thirty days with proper notice to the respondent.

Court Disposition

Previous executory orders set aside; applicant granted leave to reapply for execution within thirty days; no order as to costs.

Orders

  • All previous executory orders, including the drawn order of 4th August 2008, are set aside.
  • Applicant may refresh the application for execution at the executing court within thirty days from the date hereof.