harel malac tanzania limited vs junaco t limited another 2022 tzhccomd 15 16 february 2022

harel malac tanzania limited vs junaco t limited another 2022 tzhccomd 15 16 february 2022

The decree presented for execution is un-executable as it merely references the deed of settlement without specifying the reliefs granted or other determination of the suit, contrary to Order XX Rule 6(1) of the Civil Procedure Code. No order recording the compromise was made before passing the decree, as required by Order XXIII Rule 3.

Citation
harel malac tanzania limited vs junaco t limited another 2022 tzhccomd 15 16 february 2022
Parties
Decree Holder: Harel Mallac (Tanzania) Ltd; Judgment Debtor: Junaco (T) Limited; Necessary Party: Dar es Salaam Water and Sewage Corporation Ltd
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
16 February 2022
Procedural Posture
Execution Proceedings / Ruling on Application for Execution
Outcome
application struck out as incompetent
Legal Topics
Execution of Decrees, Consent Decrees, Deed of Settlement, Requirements for Executable Decree
Source Language
English
Civil Procedure Commercial Law Execution of Decrees Consent Decrees Deed of Settlement Requirements for Executable Decree

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Parties

Harel Mallac (Tanzania) Ltd

Decree Holder

Junaco (T) Limited

Judgment Debtor

Dar es Salaam Water and Sewage Corporation Ltd

Necessary Party

Procedural Posture

Execution Proceedings / Ruling on Application for Execution

Legal Issues

  1. 1 Whether there is an executable decree in the circumstances of this case
  2. 2 Whether a decree referencing only a deed of settlement without specifying reliefs is executable

Ratio Decidendi

The decree presented for execution is un-executable as it merely references the deed of settlement without specifying the reliefs granted or other determination of the suit, contrary to Order XX Rule 6(1) of the Civil Procedure Code. No order recording the compromise was made before passing the decree, as required by Order XXIII Rule 3.

Court Disposition

application struck out as incompetent

Orders

  • Decree holder advised to approach the trial court to obtain an executable decree in accordance with the law.