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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.
Source excerpt
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.
Source excerpt
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stay order regarding automatic lapse upon failure to furnish security, the stay order remains in force until varied or rescinded by the Court of Appeal.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.
Source excerpt
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.
Source excerpt
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.
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.
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.
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.
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.
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%.
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