MS

MS

Payments totaling TZS 77,635,000/= made by the judgment debtor after the settlement were for satisfying the remaining part of the agreed settlement amount, and are certified as satisfied. The outstanding amount is TZS 7,365,000/= only, for which garnishee order absolute is issued.

Citation
MS
Parties
Decree Holder: MS. TAI FIVE HOTEL LIMITED; Judgment Debtor: MS. GOLD CREST HOTEL LIMITED
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2024
Procedural Posture
Application for Execution / Ruling on Show Cause and Execution
Outcome
partly allowed
Legal Topics
Execution of Decree, Settlement Agreement, Garnishee Proceedings, Adjustment of Decree
Source Language
English
Civil Procedure Commercial Law Execution of Decree Settlement Agreement Garnishee Proceedings Adjustment of Decree

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Parties

MS. TAI FIVE HOTEL LIMITED

Decree Holder

MS. GOLD CREST HOTEL LIMITED

Judgment Debtor

Procedural Posture

Application for Execution / Ruling on Show Cause and Execution

Legal Issues

  1. 1 Whether the decree stands fully satisfied as alleged by the judgment debtor
  2. 2 Whether the judgment debtor has paid in satisfaction of the decree

Ratio Decidendi

Payments totaling TZS 77,635,000/= made by the judgment debtor after the settlement were for satisfying the remaining part of the agreed settlement amount, and are certified as satisfied. The outstanding amount is TZS 7,365,000/= only, for which garnishee order absolute is issued.

Court Disposition

partly allowed

Orders

  • Garnishee order absolute issued for recovery of TZS 7,365,000/=
  • After deduction of TZS 7,365,000/= from Account No. 3005211132020 at Equity Bank Tanzania, the account is discharged.