blueline enterprises vs east african development bank 2008 tzhc 171 31 march 2008

blueline enterprises vs east african development bank 2008 tzhc 171 31 march 2008

The application challenging the garnishee order was not required to be brought by petition or accompanied by a submission under the Arbitration Rules, 1957, as it was not an application for stay or execution of the award but rather a challenge to the garnishee order, and was properly brought under the Civil Procedure Code; thus, the preliminary objection was overruled.

Citation
blueline enterprises vs east african development bank 2008 tzhc 171 31 march 2008
Parties
Applicant: Blueline Enterprises Limited; Respondent: East African Development Bank
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
31 March 2008
Procedural Posture
Miscellaneous Civil Cause / Ruling on Preliminary Objection
Outcome
Preliminary objection overruled
Legal Topics
Garnishee Orders, Enforcement of Arbitral Awards, Preliminary Objections, Jurisdiction, Application Procedure
Source Language
English
Civil Procedure Arbitration Garnishee Orders Enforcement of Arbitral Awards Preliminary Objections Jurisdiction Application Procedure

Case Brief

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Parties

Blueline Enterprises Limited

Applicant

East African Development Bank

Respondent

Procedural Posture

Miscellaneous Civil Cause / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the application challenging the garnishee order was incompetent for not being brought by petition under the Arbitration Rules, 1957
  2. 2 Whether the application required annexing a submission as per Arbitration Rules, 1957
  3. 3 Whether the cited provisions of the Civil Procedure Code were applicable

Ratio Decidendi

The application challenging the garnishee order was not required to be brought by petition or accompanied by a submission under the Arbitration Rules, 1957, as it was not an application for stay or execution of the award but rather a challenge to the garnishee order, and was properly brought under the Civil Procedure Code; thus, the preliminary objection was overruled.

Court Disposition

Preliminary objection overruled

Orders

  • Each party to bear its own costs
  • Hearing of the application set for 2/5/2008