19980714 TZHC Dar es Salaam

19980714 TZHC Dar es Salaam

The court held that the objection based solely on lack of privity of contract or locus standi is not sustainable in garnishee proceedings where statutory provisions allow investigation of claims by objectors with official authority.

Citation
19980714 TZHC Dar es Salaam
Parties
Plaintiffs/decree Holders: Tanzania National Mjimbo & Others; Defendant/judgment Debtor: State Travel Service Ltd; Objector/applicant: Tourism Services Tanzania; Objector/applicant: Presidential Parastatal Sector Reform Commission
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
14 July 1998
Procedural Posture
Civil / Ruling on Garnishee Objection
Outcome
Preliminary objection dismissed
Legal Topics
Garnishee Proceedings, Privity of Contract, Locus Standi
Source Language
English
Civil Procedure Garnishee Proceedings Privity of Contract Locus Standi

Case Brief

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Parties

Tanzania National Mjimbo & Others

Plaintiffs/decree Holders

State Travel Service Ltd

Defendant/judgment Debtor

Tourism Services Tanzania

Objector/applicant

Presidential Parastatal Sector Reform Commission

Objector/applicant

Procedural Posture

Civil / Ruling on Garnishee Objection

Legal Issues

  1. 1 Whether objectors have locus standi to object to garnishee order
  2. 2 Whether privity of contract bars objectors' application

Ratio Decidendi

The court held that the objection based solely on lack of privity of contract or locus standi is not sustainable in garnishee proceedings where statutory provisions allow investigation of claims by objectors with official authority.

Court Disposition

Preliminary objection dismissed

Orders

  • Proceed to investigate the objectors' claim as per Order XXI, Rule 57(1) CPC