Mo Assurance Company Limited vsTwalib Ramadhan Msangi, Misc commercial Application no 185 of 2021.

Certainly, it seems like you’re describing a legal case where one party applied for execution through garnishee means, and another party contested the execution in the Court of Appeal. The Court of Appeal granted the application but imposed conditions under Rule 11(2) of the Court of Appeals Rules of 2009 as amended.

1. Party’s Application for Execution:

  • One party filed an application for execution through garnishee means, seeking to enforce a judgment or claim.

2. Opposition and Court of Appeal Intervention:

  • Another party opposed the execution and brought the matter to the Court of Appeal, seeking a review or reconsideration.

3. Court of Appeal Decision:

  • The Court of Appeal granted the application for execution but imposed certain conditions.

4. Legal Basis for Conditions:

  • The conditions were imposed under Rule 11(2) of the Court of Appeals Rules of 2009, as amended. This rule likely provides the Court of Appeal with the authority to impose specific conditions when granting such applications.

5. Rule 11(2) of Court of Appeals Rules:

  • This rule, as amended in 2009, likely outlines the circumstances under which the Court of Appeal can impose conditions when granting applications for execution.

In summary, the case involves a party trying to execute a judgment through garnishee means, facing opposition, and ultimately obtaining the Court of Appeal’s approval with certain conditions based on Rule 11(2) of the applicable rules.