hosein dhahabu vs sunlon general enterprises another 2022 tzhclandd 12732 8 december 2022

hosein dhahabu vs sunlon general enterprises another 2022 tzhclandd 12732 8 december 2022

The application for execution was premature as the applicant failed to exhaust other legally provided modes of execution before seeking arrest and detention of the judgment debtor.

Citation
hosein dhahabu vs sunlon general enterprises another 2022 tzhclandd 12732 8 december 2022
Parties
Applicant/decree Holder: Hosein Dhahabu; Respondent/judgment Debtor: Sunlon General Enterprises & Building Contractors
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
8 December 2022
Procedural Posture
Execution Application / Ruling on Application for Execution
Outcome
Application withdrawn with leave to refile
Legal Topics
Execution of Decree, Modes of Execution, Withdrawal of Application
Source Language
English
Civil Procedure Land Law Execution of Decree Modes of Execution Withdrawal of Application

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Parties

Hosein Dhahabu

Applicant/decree Holder

Sunlon General Enterprises & Building Contractors

Respondent/judgment Debtor

Procedural Posture

Execution Application / Ruling on Application for Execution

Legal Issues

  1. 1 Whether the applicant exhausted other modes of execution before seeking arrest and detention of the judgment debtor
  2. 2 Whether the application for execution is premature

Ratio Decidendi

The application for execution was premature as the applicant failed to exhaust other legally provided modes of execution before seeking arrest and detention of the judgment debtor.

Court Disposition

Application withdrawn with leave to refile

Orders

  • Application marked withdrawn with leave to refile