PDFTCMSourcemo bj

PDFTCMSourcemo bj

Failure of some judgment debtors to file affidavits for showing cause does not deny the right of a compliant judgment debtor to have their objection considered. The law treats those who respond and those who do not differently. Only those who fail to respond lose the right to challenge executability; the court must consider objections from those who comply.

Citation
PDFTCMSourcemo bj
Parties
Decree Holder: Azania Bank Ltd; 1st Judgment Debtor: The Registered Trustees of St. Anita's Greenland Schools; 2nd Judgment Debtor: Andrew Peter Masabile Munazi; 3rd Judgment Debtor: Anne Mwakosya; 4th Judgment Debtor: Peter Rutaihwa; 5th Judgment Debtor: Abel Mwesigwa; 6th Judgment Debtor: Alex Mwemezi; 7th Judgment Debtor: Anita Kisambe
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2020
Procedural Posture
Commercial Execution / Ruling on Objection to Execution Application
Outcome
Objection partly sustained and partly overruled
Legal Topics
Execution of Decrees, Affidavit Requirements, Notice to Show Cause
Source Language
English
Civil Procedure Commercial Law Execution of Decrees Affidavit Requirements Notice to Show Cause

Case Brief

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Parties

Azania Bank Ltd

Decree Holder

The Registered Trustees of St. Anita's Greenland Schools

1st Judgment Debtor

Andrew Peter Masabile Munazi

2nd Judgment Debtor

Anne Mwakosya

3rd Judgment Debtor

Peter Rutaihwa

4th Judgment Debtor

Abel Mwesigwa

5th Judgment Debtor

Alex Mwemezi

6th Judgment Debtor

Anita Kisambe

7th Judgment Debtor

Procedural Posture

Commercial Execution / Ruling on Objection to Execution Application

Legal Issues

  1. 1 Whether failure of some judgment debtors to file affidavits for showing cause denies the right to a compliant judgment debtor
  2. 2 Interpretation of Order XXI rule 21 (1) and (2) of the Civil Procedure Code

Ratio Decidendi

Failure of some judgment debtors to file affidavits for showing cause does not deny the right of a compliant judgment debtor to have their objection considered. The law treats those who respond and those who do not differently. Only those who fail to respond lose the right to challenge executability; the court must consider objections from those who comply.

Court Disposition

Objection partly sustained and partly overruled

Orders

  • Execution may proceed against judgment debtors who did not file affidavits for showing cause
  • The 3rd judgment debtor's objection to execution must be considered by the court