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Tanzania decisions
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The High Court set aside a dismissal order in a labor execution matter, but refused to restore the prior execution application for lack of proof the applicant filed it.
Applicant remains liable as judgment debtor for the arbitral award since BRELA records and court findings confirm his status as director/shareholder at the relevant time; the registrar's order for imprisonment cannot be enforced due to respondent's inability to pay prison costs; court order for imprisonment is set aside as unenforceable.
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A decree cannot be executed against a company that was not a party to the arbitration proceedings or the decree. The names Ametan Contractors Limited and Ametan Contractors Company Limited are not interchangeable, and the latter is a stranger to the proceedings. Execution against a stranger is not permissible.
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Ametan Contractors Company Limited is a stranger to the arbitration proceedings and decree; the decree cannot be executed against it due to the discrepancy in party names.
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The law prohibits execution or attachment, including garnishee orders, against the property of a local government authority, which includes funds held in bank accounts. The Municipal Director must pay the arbitral award sum from the revenue of the council. The applicant must amend the execution application to reflect this mode of execution.
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PAPU, as an international organization under Tanzanian law, enjoys immunity from suit and legal process, including attachment and execution of its property, unless there is an express waiver, which did not occur in this case. The High Court's orders for attachment and execution were therefore illegal and must be set aside.
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