NA TZCA Dar es Salaam Stecy

NA TZCA Dar es Salaam Stecy

There is no right of appeal to the Court of Appeal from a High Court decision on objection to attachment under garnishee proceedings; the remedy is to file a suit under Rule 62 of the Civil Procedure Code, 1966.

Citation
NA TZCA Dar es Salaam Stecy
Parties
Applicant/objector: The Bank of Tanzania; Respondent: Devram P. Valambhia
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
21 January 2002
Procedural Posture
Civil Application / Ruling on Preliminary Objection to Application for Stay of Execution
Outcome
preliminary objection upheld; no right of appeal lies; application for stay of execution cannot be founded on the notice of appeal
Legal Topics
Garnishee Orders, Stay of Execution, Right of Appeal, Objection Proceedings
Source Language
English
Civil Procedure Garnishee Orders Stay of Execution Right of Appeal Objection Proceedings

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Parties

The Bank of Tanzania

Applicant/objector

Devram P. Valambhia

Respondent

Procedural Posture

Civil Application / Ruling on Preliminary Objection to Application for Stay of Execution

Legal Issues

  1. 1 Whether there is a right of appeal to the Court of Appeal from a High Court decision on objection to attachment under garnishee proceedings
  2. 2 Whether the notice of appeal is valid and can found an order for stay of execution

Ratio Decidendi

There is no right of appeal to the Court of Appeal from a High Court decision on objection to attachment under garnishee proceedings; the remedy is to file a suit under Rule 62 of the Civil Procedure Code, 1966.

Court Disposition

preliminary objection upheld; no right of appeal lies; application for stay of execution cannot be founded on the notice of appeal

Orders

  • Notice of appeal struck out
  • Application for stay of execution dismissed