20061005 TZCA Dar es Salaam

20061005 TZCA Dar es Salaam

Given the nullification of the consent judgment, decree, and garnishee order, and the pending reference, the interests of justice require that the attached sum remain deposited in the High Court until the reference is heard and determined.

Citation
20061005 TZCA Dar es Salaam
Parties
Applicant: K. V. Construction Ltd; Respondent: Mwananchi Engineering & Construction Ltd
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
5 October 2006
Procedural Posture
Civil Application / Application for Stay of Execution Pending Reference
Outcome
Application granted
Legal Topics
Stay of Execution, Garnishee Orders, Consent Judgment, Reference Proceedings
Source Language
English
Civil Procedure Stay of Execution Garnishee Orders Consent Judgment Reference Proceedings

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Parties

K. V. Construction Ltd

Applicant

Mwananchi Engineering & Construction Ltd

Respondent

Procedural Posture

Civil Application / Application for Stay of Execution Pending Reference

Legal Issues

  1. 1 Whether the garnisheed sum should remain deposited pending the outcome of a reference after the consent judgment and decree were nullified

Ratio Decidendi

Given the nullification of the consent judgment, decree, and garnishee order, and the pending reference, the interests of justice require that the attached sum remain deposited in the High Court until the reference is heard and determined.

Court Disposition

Application granted

Orders

  • The sum of Tshs. 40,000,000/= to be deposited in the High Court pending the hearing and decision of the reference.
  • Applicant awarded costs.