20161200 TZHC Dar es Salaam

20161200 TZHC Dar es Salaam

Ex parte Garnishee Orders Nisi can only be set aside upon application to the issuing Registrar and showing sufficient cause, not by revision or review. A Registrar cannot overrule or dismiss execution orders previously granted by another Registrar in the same case, as the principle of functus officio applies. The Court cannot raise and decide new legal issues without affording parties an opportunity to be heard, as this violates natural justice. Orders and rulings issued in contravention of these principles are illegal and liable to be set aside.

Citation
20161200 TZHC Dar es Salaam
Parties
Applicant: Wilson Cha Cha; Respondent: Meneja Mkuu Dawasco
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
1 January 2016
Procedural Posture
Labour Revision / Submissions in Chief on Application for Revision
Outcome
Application for revision pending determination; reliefs sought include setting aside ex parte proceedings and orders, and for a different Registrar to determine the matter.
Legal Topics
Execution of Judgments, Garnishee Orders, Jurisdiction, Functus Officio, Natural Justice, Ex Parte Orders
Source Language
English
Labour Law Civil Procedure Execution of Judgments Garnishee Orders Jurisdiction Functus Officio Natural Justice Ex Parte Orders

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 16 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Wilson Cha Cha

Applicant

Meneja Mkuu Dawasco

Respondent

Procedural Posture

Labour Revision / Submissions in Chief on Application for Revision

Legal Issues

  1. 1 Whether a Garnishee Order Nisi issued ex parte can be lifted instead of being set aside upon application to the same Registrar upon showing sufficient cause.
  2. 2 Whether a Garnishee Order Nisi issued ex parte can be lifted in the absence of an application for revision, review or appeal pending in court against it.
  3. 3 Whether the Registrar can overrule a previous decision/order issued by another (or the same) Registrar on the same issue in the same case.

Ratio Decidendi

Ex parte Garnishee Orders Nisi can only be set aside upon application to the issuing Registrar and showing sufficient cause, not by revision or review. A Registrar cannot overrule or dismiss execution orders previously granted by another Registrar in the same case, as the principle of functus officio applies. The Court cannot raise and decide new legal issues without affording parties an opportunity to be heard, as this violates natural justice. Orders and rulings issued in contravention of these principles are illegal and liable to be set aside.

Court Disposition

Application for revision pending determination; reliefs sought include setting aside ex parte proceedings and orders, and for a different Registrar to determine the matter.

Orders

  • Set aside ex parte proceedings and order of 23/01/2015 temporarily raising the Garnishee Order Nisi.
  • Set aside two Rulings and one Drawn Order issued on 10/02/2016 and 08/02/2016 by Deputy Registrar LYIMO.