19981022 TZHC Dar es Salaam

19981022 TZHC Dar es Salaam

Section 85 of the TAZARA Act does not bar execution of decrees per se but prohibits attachment of the Authority's property, instead requiring the Managing Director to pay the decretal amount from the Authority's revenue. The defendant must comply with the decree, and there is no sufficient cause to stay execution.

Citation
19981022 TZHC Dar es Salaam
Parties
Plaintiff: Pithameza Sp.11il; Defendant: Tazara
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
22 October 1998
Procedural Posture
Civil / Ruling on Application to Stay Execution of Decree
Outcome
Application dismissed with costs.
Legal Topics
Enforcement of Settlement Decrees, Execution Against Statutory Authorities, Interpretation of Statutory Bars
Source Language
English
Civil Procedure Contract Law Enforcement of Settlement Decrees Execution Against Statutory Authorities Interpretation of Statutory Bars

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Parties

Pithameza Sp.11il

Plaintiff

Tazara

Defendant

Procedural Posture

Civil / Ruling on Application to Stay Execution of Decree

Legal Issues

  1. 1 Whether execution of a decree can be stayed against TAZARA in light of Section 85 of the TAZARA Act, No. 4 of 1995
  2. 2 Whether the Managing Director of TAZARA is obligated to pay the decretal amount after a consent judgment

Ratio Decidendi

Section 85 of the TAZARA Act does not bar execution of decrees per se but prohibits attachment of the Authority's property, instead requiring the Managing Director to pay the decretal amount from the Authority's revenue. The defendant must comply with the decree, and there is no sufficient cause to stay execution.

Court Disposition

Application dismissed with costs.

Orders

  • Managing Director of TAZARA is ordered to pay the plaintiff through their Advocate on or before 17th September 1998 the decretal amount of US$ 55,000 in full and final satisfaction of the decree.