Mastering various hints on execution proceedings in Tanzania.

What is execution?

According to a case of Re Oversees aviation of engeneering (GB) Ltd [1962] 3 ALL ER 16 defined as the process of enforcing or giving effect to the court, and it is completed when judgment creditor gets the money or other thing awarded to him by the judgement.

What are modes of execution?

These are ways to enforce execution in Tanzania.

  • Attachment and sale
  • Arrest and detention
  • Seizure and delivery
  • Garnishee order

What are procedures on execution proceedings?

  1. Application made by decree holder oraly or written form. oraly only in monetary decree others in written form order XXI Rule 10(1),(1A) of The civil procedure Code [Cap 33. Re. 2019]
  1. Appliction in writing must be in form no 5 f5 From civil procedures approves forms.

Remedies for execution proceedings

Any party agrieved in execution proceedings may take a legal actions against the matter. The following are main remedies.

  1. stay of execution under order XXI rule 24 of The civil procedure Code. This remedy may be taken by agrieved party who intends to make Application for Revision or appeal in higher court, so he applu foe stay execution until appeal or revision heard.
  2. Objection proceedings. Order XXXI rule 57 (1)-63of Civil Procedure Code.This good remedy for a third party in execution proceedings, for example your house is attached in execution and you were not party in that proceedings your remedy is to make Application of objection proceedings.
  1. Setting aside sale This another remedy in which a party may use when sell of executed property has been done with irregularities or some other factor, you will apply in the courr for setting aside the same.

what are conditions or Grounds for stay of execution in Tanzania?

  • There must be pending appeal or revision,Here judgment debtor must have apply for appeal or revision in higher court.
  • Application must be made before the start or completion of execution proceedings, The stay must done before executor starts to execute so as to stop him before anything done by him.
  • Balance of convinience, Here we look the effects that if stay will not take place the applicant wil render its appeal or review nugatory or meaningless.

What is remedy for party agrieved by objection procedings?

The only remedy is Revision this provides in the case of mgeni seid vs mohamed yahaya khalfani (search this case in this website for perusal)

What is time limit for execution?

Under section 39 (1) of The civil procedure Code is Twelve years (12)

What is remedy foe resistance for execution?

According to section 55 of The civil procedure Code is to detain resistant as civil prisoner.