Tanzania - Attachment of Assets
Dr. Wilbert B Kapinga and Felix Klopmeier, Mkono & Co. Advocates, Tanzania
Originally from Attachment of Assets
It is recognized that the word “attachments” used for the subject of these questions – and of the book that will result – may be referred to by many other terms. Such words include garnishments, embargoes, seizures, arrests – as well as a variety of other terms in languages other than English. The term “attachment” has been used as a generic term for all of these, and other, kinds of judicial orders that have the effect of immobilizing property of a debtor in connection with civil proceedings for damages, expected or already awarded. These may be in the form of orders removing property from the possession of a defendant or his debtor or of injunctions preventing the debtor from removing his property from the jurisdiction. Thus, “attachment orders,” as used herein, may refer to injunctions as well.
As can be seen, the term “plaintiff has been used for the party with a claim who is the applicant for an attachment order and “debtor” has been used for the person against whom the plaintiff has the claim and whose property the plaintiff seeks to attach. “Garnishee” has been used for the person – be it a bank or other obligor to the debtor – who holds property that is the subject of the order of attachment. “CPC” means the Civil Procedure Code.
1.2 What is the general nature and effect of judicial measures available for plaintiffs to obtain a provisional relief affecting property of debtors to obtain security for judgments to be obtained (“attachments”)? Freezing property in place? Placing it in the custody of a third party, such as a court official, sheriff or marshall?
The general nature and effect of judicial measures available for plaintiffs to obtain a provisional relief affecting property of debtors to obtain security for judgments to be obtained may include freezing property in a place or placing it in the custody of a third party, such as a court official or court broker.