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The decree was properly extracted from a consent judgment that incorporated the deed of settlement, making it executable. The application for execution was not premature as the agreed time for payment had expired, and the condition regarding retention monies did not suspend the decree holder's right to execution. Partial satisfaction of the decree was established and recorded, reducing the unsatisfied amount.

Citation
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Parties
Decree Holder: Everwell Cable and Engineering Company Limited; Judgment Debtor: Pomy Engineering Co. Ltd; Judgment Debtor: Octopus Engineering Ltd; Judgment Debtor: Intercity Engineering Ltd
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2023
Procedural Posture
Application for Execution / Ruling on Execution Application and Preliminary Objections
Outcome
application granted
Legal Topics
Execution of Decree, Consent Judgment, Deed of Settlement, Instalment Payments, Partial Satisfaction of Decree, Premature Execution, Retention Monies
Source Language
English
Civil Procedure Contract Law Commercial Law Execution of Decree Consent Judgment Deed of Settlement Instalment Payments Partial Satisfaction of Decree +2 more

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Parties

Everwell Cable and Engineering Company Limited

Decree Holder

Pomy Engineering Co. Ltd

Judgment Debtor

Octopus Engineering Ltd

Judgment Debtor

Intercity Engineering Ltd

Judgment Debtor

Procedural Posture

Application for Execution / Ruling on Execution Application and Preliminary Objections

Legal Issues

  1. 1 Whether the decree under execution is inexecutable for not agreeing with the consent judgment as required by law
  2. 2 Whether the application for execution was prematurely filed before the conditions for payment were met
  3. 3 Whether partial satisfaction of the decree should be recorded

Ratio Decidendi

The decree was properly extracted from a consent judgment that incorporated the deed of settlement, making it executable. The application for execution was not premature as the agreed time for payment had expired, and the condition regarding retention monies did not suspend the decree holder's right to execution. Partial satisfaction of the decree was established and recorded, reducing the unsatisfied amount.

Court Disposition

application granted

Orders

  • Partial satisfaction of decree for TZS 236,000,000/= is recorded.
  • Judgment debtors are prohibited from recovering TZS 3,346,193,168.23 or any lesser sum from the Rural Energy Agency until further order of the court.