tanzania sewing machines co ltd vs njake enterprises ltd 2022 tzhccomd 254 30 august 2022

The restitution order by the Court of Appeal has been satisfied as the respondent vacated the suit premises, and thus there is no outstanding order to be executed.

Citation: tanzania sewing machines co ltd vs njake enterprises ltd 2022 tzhccomd 254 30 august 2022
Parties: Decree Holder: Tanzania Sewing Machines Company Limited; Judgment Debtor: Njake Entreprises Limited
Court: TZHCCOMD
Jurisdiction: Tanzania
Judgment Date: 30 August 2022
Procedural Posture: Execution Application / Ruling on Application for Execution
Outcome: application dismissed
Legal Topics: Execution of Decrees, Restitution, Arrest and Detention in Civil Prison
Source Language: English

Civil Procedure Commercial Law Execution of Decrees Restitution Arrest and Detention in Civil Prison

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Parties

Tanzania Sewing Machines Company Limited

Decree Holder

Njake Entreprises Limited

Judgment Debtor

Procedural Posture

Execution Application / Ruling on Application for Execution

Legal Issues

1 Whether there is a court order yet to be executed
2 Whether the application for execution is competent after restitution order

Ratio Decidendi

The restitution order by the Court of Appeal has been satisfied as the respondent vacated the suit premises, and thus there is no outstanding order to be executed.

Court Disposition

application dismissed

Orders

application for execution is dismissed
no order as to costs