20090512 TZHC Dar es Salaam 1

20090512 TZHC Dar es Salaam 1

The Garnishee Order does not contravene the Finance Act No. 13 of 2005 because the immunity provided applies only to physical assets, not to money in bank accounts. The pending petition challenging the arbitral award has been dismissed and does not affect the enforceability of the award or the validity of the Garnishee Order.

Citation
20090512 TZHC Dar es Salaam 1
Parties
Applicant: M/S East African Development Bank; Respondent: M/S Blueline Enterprises Limited
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
12 May 2009
Procedural Posture
Misc. Civil Cause / Ruling on Application to Lift Garnishee Order
Outcome
Application dismissed with costs
Legal Topics
Garnishee Orders, Immunity of Assets, Enforcement of Arbitral Awards
Source Language
English
Civil Procedure Arbitration Banking Law Garnishee Orders Immunity of Assets Enforcement of Arbitral Awards

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Parties

M/S East African Development Bank

Applicant

M/S Blueline Enterprises Limited

Respondent

Procedural Posture

Misc. Civil Cause / Ruling on Application to Lift Garnishee Order

Legal Issues

  1. 1 Whether the Garnishee Order against the Applicant's bank account contravenes the Finance Act No. 13 of 2005 regarding immunity of assets
  2. 2 Whether the existence of a pending petition challenging the arbitral award justifies lifting the Garnishee Order

Ratio Decidendi

The Garnishee Order does not contravene the Finance Act No. 13 of 2005 because the immunity provided applies only to physical assets, not to money in bank accounts. The pending petition challenging the arbitral award has been dismissed and does not affect the enforceability of the award or the validity of the Garnishee Order.

Court Disposition

Application dismissed with costs

Orders

  • Application to lift Garnishee Order is dismissed
  • Applicant to pay costs