ks builders ltd vs the permanent secretary ministry of justice and constitutional affairs another 2023 tzhccomd 336 11 october 2023

ks builders ltd vs the permanent secretary ministry of justice and constitutional affairs another 2023 tzhccomd 336 11 october 2023

The court found that the decree holder had committed to accept payment of the principal amount as full satisfaction of the decree, thereby waiving interest and costs. The decree was therefore fully satisfied and the application for execution in respect of interest and costs was dismissed.

Citation
ks builders ltd vs the permanent secretary ministry of justice and constitutional affairs another 2023 tzhccomd 336 11 october 2023
Parties
Decree Holder: K'S Builders Limited; 1st Judgment Debtor: The Permanent Secretary Ministry of Justice and Constitutional Affairs; 2nd Judgment Debtor: The Honourable Attorney General
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
11 October 2023
Procedural Posture
Execution Proceedings / Ruling on Application for Execution of Decree (interest and Costs)
Outcome
application for execution dismissed
Legal Topics
Execution of Decrees, Waiver of Interest and Costs, Satisfaction of Decree
Source Language
English
Civil Procedure Commercial Law Execution of Decrees Waiver of Interest and Costs Satisfaction of Decree

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Parties

K'S Builders Limited

Decree Holder

The Permanent Secretary Ministry of Justice and Constitutional Affairs

1st Judgment Debtor

The Honourable Attorney General

2nd Judgment Debtor

Procedural Posture

Execution Proceedings / Ruling on Application for Execution of Decree (interest and Costs)

Legal Issues

  1. 1 Whether the decree holder is entitled to interest and costs after accepting payment of the principal amount as full satisfaction of the decree

Ratio Decidendi

The court found that the decree holder had committed to accept payment of the principal amount as full satisfaction of the decree, thereby waiving interest and costs. The decree was therefore fully satisfied and the application for execution in respect of interest and costs was dismissed.

Court Disposition

application for execution dismissed

Orders

  • decree is fully satisfied under Order XXI Rule 2 (1) of the Civil Procedure Code
  • no order as to costs