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The application for arrest and detention of the judgment debtor as a civil prisoner was dismissed because the decree holder failed to demonstrate that other modes of execution had been exhausted and did not establish the conditions required under Order XXI Rule 39(2) of the Civil Procedure Code.

Citation: 62
Parties: Decree Holder: Andreas Komsimbili; Judgment Debtor/respondent: Editha Apolo Bailemba (Administrator of the Estate of the Late Andreas Kibantula)
Court: TANZLII
Jurisdiction: Tanzania
Judgment Date: 4 September 2024
Procedural Posture: Application for Execution / Ruling
Outcome: application dismissed
Legal Topics: Arrest and Detention of Judgment Debtor, Bill of Costs, Right to Be Heard, Last Resort Principle in Execution
Source Language: English

Civil Procedure Execution of Judgments Arrest and Detention of Judgment Debtor Bill of Costs Right to Be Heard Last Resort Principle in Execution

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Parties

Andreas Komsimbili

Decree Holder

Editha Apolo Bailemba (Administrator of the Estate of the Late Andreas Kibantula)

Judgment Debtor/respondent

Procedural Posture

Application for Execution / Ruling

Legal Issues

1 Whether the judgment debtor should be arrested and detained as a civil prisoner for failure to pay the decretal sum
2 Whether the conditions for arrest and detention under Order XXI Rule 39(2) of the Civil Procedure Code have been satisfied

Ratio Decidendi

Court Disposition

application dismissed

Orders

application for arrest and detention of judgment debtor as civil prisoner dismissed
right to appeal explained

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