euro products t ltd vs junaco t ltd 2011 tzhccomd 2023 8 november 2011

euro products t ltd vs junaco t ltd 2011 tzhccomd 2023 8 november 2011

The judgment debtor defaulted on the payment schedule under the consent decree, entitling the decree holder to apply for execution by arrest and imprisonment as a civil prisoner. The application for execution was properly filed, and the default clause was triggered immediately upon non-payment as per the decree.

Citation
euro products t ltd vs junaco t ltd 2011 tzhccomd 2023 8 november 2011
Parties
Plaintiff: Euro Products Tanzania Limited; 1st Defendant/judgment Debtor/respondent: Junaco (T) Limited; 2nd Defendant: Justine Lambert
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
8 November 2011
Procedural Posture
Commercial Case / Ruling on Application for Execution by Arrest and Imprisonment of Judgment Debtor as Civil Prisoner
Outcome
Application for execution by arrest and imprisonment allowed.
Legal Topics
Execution of Decree, Arrest and Detention in Civil Prison, Default on Settlement Agreement
Source Language
English
Civil Procedure Commercial Law Enforcement of Judgments Execution of Decree Arrest and Detention in Civil Prison Default on Settlement Agreement

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Parties

Euro Products Tanzania Limited

Plaintiff

Junaco (T) Limited

1st Defendant/judgment Debtor/respondent

Justine Lambert

2nd Defendant

Procedural Posture

Commercial Case / Ruling on Application for Execution by Arrest and Imprisonment of Judgment Debtor as Civil Prisoner

Legal Issues

  1. 1 Whether the judgment debtor's default entitled the decree holder to execution by arrest and imprisonment as a civil prisoner
  2. 2 Whether a formal application for execution was properly before the court
  3. 3 Whether the default clause in the deed of settlement was triggered

Ratio Decidendi

The judgment debtor defaulted on the payment schedule under the consent decree, entitling the decree holder to apply for execution by arrest and imprisonment as a civil prisoner. The application for execution was properly filed, and the default clause was triggered immediately upon non-payment as per the decree.

Court Disposition

Application for execution by arrest and imprisonment allowed.

Orders

  • Judgment debtor to be arrested and committed to Keko prison (or any other prison facility) as a civil prisoner for six months unless the decreed amount and accrued interest are paid sooner.
  • Decree holder to pay T.shs 6,000 per day upfront as daily subsistence allowance to the Prison officer in-charge.