tanzindia assurance company limited another vs richard augustine zuberi 2019 tzhc 278 18 september 2019

IN THE HIGH COURT OF TANZANIA

DAR ES SALAAM DISTRICT REGISTRY

AT DAR ES SALAAM MISC. CIVIL APPI-ICATION NO' 440 OF 2OT9 (Arising from High Court Civil Appeal No 129 of 2019) 1. TANZNDIA ASSURANCE coMPANY LIMITED....,.,.....,..,......"....Isr APPLTCANT 2. CMC AUTOMOBILE LIMITED....... ".... "".2t{D APPLICANT . VERSUS RICHARD AUGUSTINE 2UBERI..........'"........'RESPONDENT

RULING S.M. Kulita,l Advocate for the Applicant Ms. Hamida Sheikh submitted before this court praying for an ex-pafte interim order for stay of execution of the decree in the Civil Case No. 72412076 of Kisutu Resident Magistrate's Court for the reason that the applicants have already filed an appeal at High Court which has been registered as a Civil Appeal No. 129/2019. She said that the Applicant is compelled to seek for the interim ex-parte order as the Respondent (Decree Holder) is in a process of attaching the applicant's Bank Account No. 96101200000579 Bank of Baroda through the 1 garnishee order of the lower court and the same is about to be executed today afternoon. She added that if the application is not granted the rationale of the said Civil Appeal No. L2912019 will be nugatory. From what have been submitted by the Learned Counsel, Ms Hamida Sheikh, Advocate for the applicant I find the reasons are genuine for the purpose of granting the ex-parte interim order. Therefore the garnishee order to attach the applicant's Account No 96010200000579 Bank of Baroda is hereby stayed pending hearing and determination of the application inter-pafties. S.M. W Kulita

JUDGE LBlel2oL9 Order: Mention on 301912019 as scheduled. rrl Ir'. S.M. Kulita

JUDGE t81912019 2