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Tanzania decisions
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High Court granted an execution application and ordered civil detention of two judgment debtors unless TZS 40 million and a backhoe were delivered within 14 days.
The High Court struck out a reference in execution proceedings, holding it was not properly before the court and that the supporting affidavit was fatally defective.
The application for stay of execution was misconceived because there was no evidence that the respondent had initiated execution proceedings or obtained an execution order; thus, there was no basis for granting a stay.
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The High Court lifted the corporate veil of the respondent company and held its managing director personally liable for a neglected decretal debt.
The executing tribunal failed to comply with mandatory procedural requirements by not issuing an order for the judgment debtor to comply with the decree before entertaining objections, thereby fatally violating the applicant's rights and the applicable regulations.
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The High Court struck out an objection application as premature because no attachment order had yet been issued against the property.
The applicant lacked standing to object to attachment based on encumbrances; only the secured creditor could object. The executing court acted within its mandate as the consent decree allowed for execution in case of default, and the applicant remained liable for the decretal amount. All grounds lacked merit.
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The application for stay of execution was not granted because the notice of appeal on record pertained to Civil Reference No. 04 of 2024, while the decree subject to execution was from Civil Appeal No. 12 of 2017, and there was no notice of appeal regarding that decree, thus failing to satisfy the mandatory requirements under Rule 11.
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The applicants satisfied all conditions under Rule 11 for grant of stay of execution: timely application, demonstration of irreparable loss, existence of a pending appeal affecting the subject matter, and undertaking to furnish appropriate security. The subject matter must be preserved pending appeal to avoid rendering the appeal nugatory.
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The application was dismissed because the applicant failed to attach the mandatory notice of intended execution, did not substantiate claims of ongoing execution, and the decree had already been executed without court involvement, leaving nothing to stay.
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