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Tanzania decisions
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The High Court held that a garnishee order absolute did not bar an application for extension of time to file revision, and overruled the preliminary objections.
The High Court granted an ex parte interim stay of a garnishee order attaching the applicants’ bank account, pending an inter partes hearing.
The Court of Appeal of Tanzania overruled a limitation objection and granted JICA a stay of execution pending appeal, nullifying a garnishee order.
The Court of Appeal held that an application to correct a garnishee order was not time-barred, but set aside the High Court order because the application was allowed without hearing the parties.
The High Court granted Ilala Municipal Council leave to appeal out of time, holding the delay was reasonably explained because the applicant was not notified of the judgment date.
The Court of Appeal is the proper forum for an application for stay of execution after a notice of appeal is filed, and execution is not complete merely because the decretal amount is deposited in court; it is complete only when the judgment creditor receives the money. Therefore, a stay of execution can be granted to prevent release of the funds pending appeal.
Source excerpt
The Court of Appeal stayed execution of a High Court decree pending appeal, lifted a garnishee order, and required a guarantee bond to secure the respondent.
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