Jawinga Co Ltd versus Aristepro Investment Co Ltd

Jawinga Co Ltd versus Aristepro Investment Co Ltd; Commercial Case No 103 of 2012: High Court of Tanzania (Commercial Division) at Dar es Salaam (Unreported).

• Civil Procedure

• Execution – whether the decision of the Court of Appeal of Tanzania in Mohamed Mbaraka’s case has the effect of preventing execution once a notice of appeal is filed.
• Execution – property to be attached does not belong to the judgment debtor – what is the procedure to challenge it?

Held:-

(i) In the absence of an order for stay of execution, the High court can make an order for execution despite the pendency of appeal.

(ii) Under Rule 57(1) and (2) of Order XXI of the Civil Procedure Code, the claimant (and here the claimant must be a person who claims to have interest in the attached property), has to bring objection proceedings so as to allow the court to investigate the matter.  An investigation cannot be done by using a statement from the bar.