MASWI DRILLING CO

The application for execution was rejected because it included a sum for interest (Shs 52,054,421) not granted in the court decree, contrary to the requirements of Order XXI Rule 10(2)(g) of the Civil Procedure Code, Cap 33 R.E 2002.

Citation: MASWI DRILLING CO
Parties: Plaintiff/judgment Creditor: Maswi Drilling Co Limited; Defendant/judgment Debtor: Geita District Council
Court: TANZLII
Jurisdiction: Tanzania
Judgment Date: 1 January 2013
Procedural Posture: Commercial Case / Ruling on Application for Execution of Decree
Outcome: Application for execution rejected
Legal Topics: Execution of Decree, Interest on Judgment Debt, Civil Imprisonment
Source Language: English

Civil Procedure Commercial Law Execution of Decree Interest on Judgment Debt Civil Imprisonment

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2 Amounts and remedies 4

Parties

Maswi Drilling Co Limited

Plaintiff/judgment Creditor

Geita District Council

Defendant/judgment Debtor

Procedural Posture

Commercial Case / Ruling on Application for Execution of Decree

Legal Issues

1 Whether the application for execution of decree included reliefs not granted in the original court decree
2 Whether officials of the Judgment Debtor can be committed to civil prison for non-payment of the decretal sum

Ratio Decidendi

Court Disposition

Application for execution rejected

Orders

Application for execution of the court decree is rejected under Rule 15(1) of Order XXI of the Civil Procedure Code, Cap 33 R.E 2002.
Judgment Creditor may file a compliant application for execution.