Tanzania Case Law

CIV

Court

TANZLII

The applicant demonstrated substantial loss by showing that multiple accounts were garnished for the same decretal amount, threatening the core business operations and potentially leading to irreparable harm. The application was filed within reasonable time upon notification by the banks. The applicant expressed willingness to provide security, and the court ordered a bank bond guarantee as a condition for stay. Therefore, stay of execution was granted subject to provision of security.

Source excerpt

• Stay of execution
• Garnishee orders
• Security for due performance
• Substantial loss
• Review proceedings

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RULING OF RELIANCE INSURANCE COMPANY final

Court

TANZLII

The High Court struck out an appeal against a garnishee order nisi, holding the order was interlocutory and not appealable under the Civil Procedure Code.

• Appeals
• Execution proceedings
• Garnishee orders
• Interlocutory orders
• Civil-procedure
• Execution-proceedings

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SAHARA RULING

Court

TANZLII

The High Court held it lacked jurisdiction to lift or vacate a garnishee order nisi because an appeal was pending before the Court of Appeal.

• Jurisdiction
• Stay of execution
• Garnishee orders
• Stay-of-execution
• Garnishee-orders
• Labour-law

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CIVIL APPLICATION NO 517 14 OF 2024 SAMU SECURICOR INTERNATIONAL VS MARTIN MSENGI KINGU 2 OTHERS

Court

TANZLII

The applicant satisfied all cumulative requirements under rule 11 for stay of execution, and the respondents failed to rebut the applicant's affidavit with sworn evidence. The Court granted the stay and lifted the garnishee order, conditional on the applicant providing a bank guarantee as security.

Source excerpt

• Stay of execution
• Labour dispute
• Security for due performance
• Garnishee orders

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ms lodhia steel indistries ltd vs national microfinace ltd another 2023 tzhc 23451 21 december 2023

Court

TZHC

The High Court dismissed an appeal over a bank garnishee dispute, holding the claim concerned execution of a decree and had to be raised before the executing court.

• Execution of decrees
• Garnishee orders
• Jurisdiction of executing court
• Representative capacity in execution
• Execution-of-decree
• Garnishee-orders

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puma energy tanzania limited vs diamond trust bank tanzania limited 2023 tzca 17773 23 october 2023

Court

TZCA

The Court of Appeal granted a stay of execution of a High Court commercial decree, pending appeal, after finding the Rule 11 conditions were met and requiring a bank guarantee.

• Stay of execution
• Appeals
• Security for due performance
• Garnishee orders
• Stay-of-execution
• Security-for-decree

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AMANI SAFARI LODGE

Court

TANZLII

The garnishee order was wrongly issued against the applicant's account, which is not the property of the judgment debtor. After withdrawal of the execution application, the status of the garnishee orders was not determined, necessitating their recall and setting aside.

Source excerpt

• Garnishee orders
• Execution of judgments
• Corporate distinction

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CIVIL REVISION 34 OF 2023 0001 neww

Court

TANZLII

Execution proceedings may proceed in the absence of a stay order, even if an appeal is pending. No procedural irregularity was found in the execution proceedings, and the complaints regarding stay and recipient legitimacy were either baseless or should be addressed in the trial court.

Source excerpt

• Execution of decrees
• Stay of execution
• Revisional jurisdiction
• Appeals
• Garnishee orders

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registered trustee of taqwa private secondary school vs registered trustee of bakwata 2022 tzhc 15027 8 december 2022

Court

TZHC

The High Court struck out a reference challenging a Deputy Registrar’s garnishee execution order, holding Order XLI CPC did not authorize such self-reference.

• Reference proceedings
• Execution of decrees
• Jurisdiction of high court
• Garnishee orders
• Reference-proceedings
• Execution-of-decrees

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uap insurance tanzania company ltd vs akiba commercial bank plc 2022 tzhccomd 79 14 april 2022

Court

TZHCCOMD

The High Court retains jurisdiction to entertain applications necessary to implement a stay of execution granted by the Court of Appeal, including lifting Garnishee Orders Nisi issued prior to the stay, as the execution process stands suspended and the court must give effect to the stay order.

Source excerpt

• Garnishee orders
• Stay of execution
• Jurisdiction of executing court

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