Can Money Already Under Attachment Serve as Security for Stay of Execution?

Jambo Food Products Company Limited applied to stay enforcement of a Garnishee Order Absolute for TZS 13,020,000 issued in Labour Execution No. 9140 of 2026. The company had already filed Revision Application No. 11509 and Application No. 11672 seeking a stay of execution.

The immediate application sought temporary preservation so that payment under the garnishee order would not overtake the pending stay application. The respondent raised objections concerning the supporting affidavit and alleged that the application was frivolous and vexatious.

The Court considered whether the affidavit complied with Rule 24(3)(c) and (d), whether the objections raised pure points of law, and whether a limited stay was necessary to keep Application No. 11672 effective while protecting the successful party’s interest in the award.

The first preliminary objection was marked abandoned, the objection under Rule 24(3)(c) and (d) was dismissed, and the frivolous-and-vexatious objection was overruled because it required examination of contested facts.

The Court granted a limited stay until Application No. 11672 was determined. NMB Bank Plc was ordered to continue holding TZS 13,020,000 under attachment without releasing it to either party. The stay would lapse automatically when the pending application was decided, and each party bore its own costs.