BISENDO 1edited

Judgment debtors failed to satisfy decree, did not provide evidence of illness or inability to pay, and demonstrated dishonest conduct; court ordered arrest and detention as civil prisoners unless payment and delivery of property are made within prescribed period.

Citation: BISENDO 1edited
Parties: Applicant: Charles Alfred Marwa; 1st Respondent: The Sky Horse Group Company Limited; 2nd Respondent: Mathias Mugendi Bisendo; 3rd Respondent: Ally Othma Sama; 4th Respondent: Frank Chrispin Likotiko
Court: TANZLII
Jurisdiction: Tanzania
Judgment Date: 18 March 2025
Procedural Posture: Execution Application / Ruling on Execution
Outcome: application granted in part
Legal Topics: Execution of Decrees, Arrest and Detention of Judgment Debtor, Civil Imprisonment
Source Language: English

Civil Procedure Judgment Enforcement Execution of Decrees Arrest and Detention of Judgment Debtor Civil Imprisonment

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Parties

Charles Alfred Marwa

Applicant

The Sky Horse Group Company Limited

1st Respondent

Mathias Mugendi Bisendo

2nd Respondent

Ally Othma Sama

3rd Respondent

Frank Chrispin Likotiko

4th Respondent

Procedural Posture

Execution Application / Ruling on Execution

Legal Issues

1 Whether the judgment debtors should be detained as civil prisoners for failure to satisfy the decree

Ratio Decidendi

Court Disposition

application granted in part

Orders

Unless Tshs. 40,000,000 is paid and backhoe delivered within 14 days, 3rd and 4th respondents (Ally Othma Sama and Frank Chrispin Likotiko) to be arrested and detained as civil prisoners for six months.
Applicant to pay Tshs. 300,000 per month as subsistence allowance for each month of detention.