Execution of decree against Government in Tanzania [procedures]

Here you will learn everything you need to know about the execution of a decree against the government in Tanzania.

I will cover;

  • The law governs the execution of a decree against the government
  • Procedures involved
  • etc.

NB: I have a comprehensive guide that thoroughly addresses the practices and procedures involved in executing a decree, if you are interested you can read that guide here. However, for today’s discussion, I will exclusively concentrate on the aspects concerning decrees against governmental entities.

Let’s get started

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See also  Execution of Decree in Tanzania: The Ultimate Guide

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The law governs the execution of a decree against the government in Tanzania

The specific law that governs the execution of a decree against the government in Tanzania is the Government Proceedings Act [Cap.5 R.E. 2019] (the Government
Proceedings Act) as amended by the Written Laws (Miscellaneous
Amendments) Act, 2020.

In the case of Karata Ernest & Others vs Attorney General (Civil Revision 10 of 2010) [2010] TZCA 30 (29 December 2010) the Court of Appeal stated that;

Ordinarily, the execution of decrees passed by the High Court is governed by sections 31 to 55 and Order XXI of the C.P.C. However, in suits involving the government, the application of Order XXI has been expressly disallowed in the execution of decrees against it, by Rule 2 A of the same Order. Instead, the execution process is governed by Section 16 of the Government Proceedings Act.

Procedures in the execution of a decree against the government

It is worth noting that where a decree contains any order in favor of any person against the Government or against an officer of the Government as such, the provisions of section 16 of the Government Proceedings Act, shall apply in relation to the satisfaction of the order, in lieu of the provisions of rules 3 to 110 of this Order. -(see Order XXI Rule 2A of CPC).

That means all modes of execution provided under the CPC don’t apply when the judgment debtor is a government. Instead, the procedure for execution of a decree against the government will be governed by Section 16 of the Government Proceedings Act, which provides that;

16.-(1) Where in any civil proceedings by or against the Government, any order, including an order as to costs, is made by a court in favor of a person against the Government or against an officer of the Government as such, the proper officer of the court shall, on an application on that behalf made by or on behalf of that person, issue to that person a certificate containing particulars of the order:

Provided that, if the court so directs, a separate certificate shall be issued with respect to the costs ordered to be paid to the applicant.

(2) If the order provides for the payment of money by way of damages or other relief, or of costs, the certificate shall state the amount so payable and the Permanent Secretary to the Treasury or such other Government accounting officer as may be appropriate shall, subject as hereinafter provided, pay to the person entitled or to his advocate the amount appearing by the certificate to be due to him together with any interest, lawfully due thereon:

Provided that, the court by which any such order as is mentioned in this section is made or any court to which an appeal against the order lies may, if it considers it reasonable to do so direct that, pending an appeal or other legal proceedings, payment of the whole or part of any amount so payable shall be suspended and if the certificate has not been issued may order any such directions to be inserted therein.

(3) Save as is provided in this section, no execution, attachment or similar process shall be issued out of any court for enforcing payment by the Government of any money or costs referred to in this section; and no person shall be individually liable under any order for payment by the Government or any Government department or any officer of the Government as such of the money or costs

From the above provisions, and as a matter of practice the following are the procedures for the execution of a decree against the government

See also  Objection proceeding notes in Tanzania (+Pdf)

Conclusion

My aim here was to share everything you need to know about the execution of a decree against the government in Tanzania.

I hope you have found this post useful. In case you have any questions feel free to leave your comment right now.

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