This is a ruling in respect of the affidavit to show cause
why the application for execution of a decree in Commercial Case No. 23 of 2015
should not proceed as decreed. In the affidavit in support deponed by learned
Counsel for the judgment debtor, averred that hearing of the Civil Appeal No.
88 of 2019 between the parties would be urgently attended, based on the fact
that the judgment debtor on 25th November 2020 (but I believe 2019
was the year intended) has filed a notice under certificate of urgency to cause
that impression, and that the appeal has been cause listed for the year 2020
sessions.
Assigning reason as to why this opposition to the execution
of the decree should be considered positively, the counsel stated in paragraph
8 of the affidavit, that he has been informed by the judgment debtor’s Managing
Director, the information he verily believe to be true that the judgment debtor
has entered into a large scale contract with the Government of Tanzania as the
main supplier of concrete and aggregate to its construction camp sites of the
Standard Gauge Railway Line (SGR). Therefore, if the execution of this decree
which earmarked attachment of judgment debtor’s motor vehicles, motor cycles
and Bajaj, was to be allowed it will frustrate and adversely affect the large
scale Government Project. Also this will lead to judgment debtor’s business to
come to a standstill and cause unnecessary litigations from the breach of
contract.
Based on the averment he prayed for the application for the
execution not to be granted at this time until after the conclusion of the
already cause listed filed appeal. This submission was strongly contested by
the Respondent.