stanbic bank tanzania limited vs mashaka jonas madale ta madale trans and supply of agricultural products 2021 tzhc 3958 30 june 2021

stanbic bank tanzania limited vs mashaka jonas madale ta madale trans and supply of agricultural products 2021 tzhc 3958 30 june 2021

The requirements of Order XXI rule 35(2) of the Civil Procedure Code were met as the judgment debtor failed to appear after proper notice; therefore, a warrant of arrest is justified unless the decretal sum is paid within 14 days.

Citation
stanbic bank tanzania limited vs mashaka jonas madale ta madale trans and supply of agricultural products 2021 tzhc 3958 30 june 2021
Parties
Applicant/decree Holder: Stanbic Bank Tanzania Limited; Respondent/judgment Debtor: Mashaka Jonas Madale t/a Madale Trans & Supply of Agricultural Products
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
30 June 2021
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Warrant of Arrest and Detention in Execution of Decree
Outcome
Application allowed
Legal Topics
Execution of Decree, Arrest and Detention of Judgment Debtor, Non Payment of Debt
Source Language
English
Civil Procedure Banking Law Debt Recovery Execution of Decree Arrest and Detention of Judgment Debtor Non Payment of Debt

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Parties

Stanbic Bank Tanzania Limited

Applicant/decree Holder

Mashaka Jonas Madale t/a Madale Trans & Supply of Agricultural Products

Respondent/judgment Debtor

Procedural Posture

Miscellaneous Civil Application / Ruling on Application for Warrant of Arrest and Detention in Execution of Decree

Legal Issues

  1. 1 Whether the applicant is entitled to a warrant of arrest and detention of the judgment debtor for non-payment of the decretal sum

Ratio Decidendi

The requirements of Order XXI rule 35(2) of the Civil Procedure Code were met as the judgment debtor failed to appear after proper notice; therefore, a warrant of arrest is justified unless the decretal sum is paid within 14 days.

Court Disposition

Application allowed

Orders

  • Unless the decretal amount of Tshs 28,680,911.53 is paid within 14 days, the judgment debtor shall be arrested and brought before the court within 48 hours after arrest for further consideration under Order 39 of the Civil Procedure Code.
  • The decree holder must pay Tshs 400,000 as costs for arrest and subsistence allowances before execution.