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The High Court lifted a garnishee order nisi over an M-PESA trust account after finding the applicant proved the account and funds did not belong to the judgment debtor.
The High Court dismissed a bank’s objection to a garnishee order nisi, holding it had not shown a pre-existing interest in the attached account.
The executing court had jurisdiction to issue the garnishee order nisi against the applicant's account at NMB Bank PLC, Dar es Salaam, as the bank operates countrywide and the nature of bank accounts allows attachment from any branch. The applicant failed to demonstrate irregularities or sufficient cause to lift the garnishee order nisi.
Source excerpt
The High Court granted a partial interim injunction stopping attachment of the plaintiff’s bank account holding employees’ salaries and wages pending the suit.
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