tanzania electric supply co ltd vs mufungo leonard majura others 2016 tzca 784 23 december 2016

tanzania electric supply co ltd vs mufungo leonard majura others 2016 tzca 784 23 december 2016

The application was incompetent due to non-citation and wrong citation of the enabling provision of law, as the process sought (lifting a garnishee order nisi) is part of execution and must be brought under the specific rule for stay of execution, not under a non-existent or incorrect rule.

Citation
tanzania electric supply co ltd vs mufungo leonard majura others 2016 tzca 784 23 december 2016
Parties
Applicant: Tanzania Electric Supply Co. Ltd; Respondents: Mufungo Leonard Majura and 14 others
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
23 December 2016
Procedural Posture
Civil Application / Ruling on Preliminary Objection
Outcome
application struck out with costs
Legal Topics
Garnishee Orders, Stay of Execution, Proper Citation of Enabling Provisions, Competence of Applications
Source Language
English
Civil Procedure Execution of Judgments Garnishee Orders Stay of Execution Proper Citation of Enabling Provisions Competence of Applications

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Parties

Tanzania Electric Supply Co. Ltd

Applicant

Mufungo Leonard Majura and 14 others

Respondents

Procedural Posture

Civil Application / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the application to lift the garnishee order nisi was properly before the court due to citation of enabling provisions
  2. 2 Whether a garnishee order nisi is part of the execution process and thus requires application under specific rules for stay of execution

Ratio Decidendi

The application was incompetent due to non-citation and wrong citation of the enabling provision of law, as the process sought (lifting a garnishee order nisi) is part of execution and must be brought under the specific rule for stay of execution, not under a non-existent or incorrect rule.

Court Disposition

application struck out with costs

Orders

  • The application is struck out with costs.