raphael juma kasera vs katibu dayosisi ya mara 2020 tzhc 680 29 april 2020

raphael juma kasera vs katibu dayosisi ya mara 2020 tzhc 680 29 april 2020

Objection that award was against wrong party cannot be raised at execution stage; arrest and detention order may be issued but enforcement depends on payment of subsistence allowance by judgement holder.

Citation
raphael juma kasera vs katibu dayosisi ya mara 2020 tzhc 680 29 april 2020
Parties
Judgement Holder: Raphael Juma Kasera; Judgement Debtor: Katibu Dayosisi ya Mara
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
29 April 2020
Procedural Posture
Labour Execution / Ruling on Execution Application
Outcome
Notice issued to judgement debtor to appear and show cause why he should not be committed to prison.
Legal Topics
Execution of Awards, Unlawful Termination, Detention as Civil Prisoner
Source Language
English
Labour Law Civil Procedure Execution of Awards Unlawful Termination Detention as Civil Prisoner

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Raphael Juma Kasera

Judgement Holder

Katibu Dayosisi ya Mara

Judgement Debtor

Procedural Posture

Labour Execution / Ruling on Execution Application

Legal Issues

  1. 1 Whether the award can be executed against the named judgement debtor
  2. 2 Whether arrest and detention can be ordered if the judgement holder cannot pay subsistence allowance

Ratio Decidendi

Objection that award was against wrong party cannot be raised at execution stage; arrest and detention order may be issued but enforcement depends on payment of subsistence allowance by judgement holder.

Court Disposition

Notice issued to judgement debtor to appear and show cause why he should not be committed to prison.

Orders

  • Judgement debtor to appear before court on 6th May 2020 at 2.30 pm under Order XXI, Rule 35(1) of Civil Procedure Code.