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Tanzania Case Law

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Civil procedure godwill ceramics t ltd vs mantrack t ltd 2024 tzhccomd 17 29 february 2024

godwill ceramics t ltd vs mantrack t ltd 2024 tzhccomd 17 29 february 2024

The High Court cannot lift the garnishee order nisi because such action is part of execution proceedings, which have been stayed by the Court of Appeal. The stay order from the Court of Appeal does not authorize or require the High Court to lift the garnishee order nisi, and doing so would violate the stay order.

  • Garnishee proceedings
  • Stay of execution
  • Jurisdiction of courts
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Civil procedure JUN YU INVESTMENT

JUN YU INVESTMENT

The court held that the applicant, as judgment debtor, has a right to seek stay of execution of the garnishee order absolute pending determination of the application to set aside the ex parte judgment, especially since the decree is not fully satisfied and the applicant was not a party to the transaction giving rise to the decree. The court is not functus officio as the execution is incomplete and legal processes are ongoing.

  • Stay of execution
  • Ex parte judgment
  • Garnishee proceedings
  • Extension of time
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Civil procedure AMC TRADE VS SANLAM GENERAL APPL

AMC TRADE VS SANLAM GENERAL APPL

In the absence of an express pronouncement in the stay order regarding automatic lapse upon failure to furnish security, the stay order remains in force until varied or rescinded by the Court of Appeal. The stay order in this case did not specify automatic lapse; therefore, it was still operative and execution could not proceed.

  • Execution of decrees
  • Garnishee proceedings
  • Stay of execution
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Civil procedure MS

MS

Payments totaling TZS 77,635,000/= made by the judgment debtor after the settlement were for satisfying the remaining part of the agreed settlement amount, and are certified as satisfied. The outstanding amount is TZS 7,365,000/= only, for which garnishee order absolute is issued.

  • Execution of decree
  • Settlement agreement
  • Garnishee proceedings
  • Adjustment of decree
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Civil procedure the registered trustees of mpesa trust funds vs stephen mahendeka mganga another 2023 tzhccomd 119 28 april 2023

the registered trustees of mpesa trust funds vs stephen mahendeka mganga another 2023 tzhccomd 119 28 april 2023

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.

  • Garnishee proceedings
  • Attachment of bank accounts
  • Third party interests
  • Execution of decrees
  • Garnishee-proceedings
  • Attachment-of-bank-accounts
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Civil procedure amana bank ltd vs mantrac t ltd 3 others 2022 tzhccomd 335 26 october 2022

amana bank ltd vs mantrac t ltd 3 others 2022 tzhccomd 335 26 october 2022

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.

  • Garnishee proceedings
  • Attachment of bank accounts
  • Objection proceedings
  • Stay of execution
  • Garnishee-proceedings
  • Attachment-of-bank-accounts
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Civil procedure mo assurance company limited vs twalib ramadhan msangi 2022 tzhccomd 78 18 march 2022

mo assurance company limited vs twalib ramadhan msangi 2022 tzhccomd 78 18 march 2022

The High Court stayed proceedings in an application to uplift a garnishee order nisi because the Court of Appeal had already stayed execution in the related decree matter.

  • Garnishee proceedings
  • Stay of execution
  • Jurisdiction
  • Inherent powers of the court
  • Garnishee-proceedings
  • Stay-of-execution
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Civil procedure st john university saini limited vs st john university of tanzania st marks 2021 tzhccomd 2044 20 april 2021

st john university saini limited vs st john university of tanzania st marks 2021 tzhccomd 2044 20 april 2021

The High Court dismissed an application to lift a garnishee order, holding that St. John University of Tanzania was a party to the earlier commercial case.

  • Garnishee proceedings
  • Party identification
  • Execution of decrees
  • Garnishee-proceedings
  • Execution-of-decrees
  • Party-identification
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Labour law bayport financial service t ltd vs herieth nashon 2020 tzhcld 3599 30 october 2020

bayport financial service t ltd vs herieth nashon 2020 tzhcld 3599 30 october 2020

The High Court Labour Division dismissed an application to lift a garnishee order nisi, holding that pending applications for extension of time do not bar execution.

  • Garnishee proceedings
  • Stay of execution
  • Extension of time
  • Unfair termination
  • Execution of awards
  • Garnishee-proceedings
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Civil procedure yara tanzania limited vs dr shapriya and co ltd 2020 tzhccomd 2086 22 october 2020

yara tanzania limited vs dr shapriya and co ltd 2020 tzhccomd 2086 22 october 2020

The High Court lifted a garnishee order nisi after holding that decree interest was to be calculated in two separate periods, not combined into 4%.

  • Garnishee proceedings
  • Interest computation on decrees
  • Interpretation of court orders
  • Garnishee-proceedings
  • Interest-computation
  • Court-order-interpretation
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Tanzania decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.