BWIGANE HEZRON 0001

BWIGANE HEZRON 0001

Directors of the judgment debtor company are liable to be arrested and detained as civil prisoners unless the full decretal sum is paid, as the statutory conditions for execution by arrest and detention have been met and the corporate veil has been lifted.

Citation
BWIGANE HEZRON 0001
Parties
Applicant/decree Holder: Bwigane Hezron Mwakapemba; Respondent/judgment Debtor: Madson Property Limited
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2010
Procedural Posture
Execution Application / Ruling
Outcome
application granted
Legal Topics
Execution of Decree, Lifting Corporate Veil, Director Liability, Civil Imprisonment
Source Language
English
Civil Procedure Company Law Execution of Decree Lifting Corporate Veil Director Liability Civil Imprisonment

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Parties

Bwigane Hezron Mwakapemba

Applicant/decree Holder

Madson Property Limited

Respondent/judgment Debtor

Procedural Posture

Execution Application / Ruling

Legal Issues

  1. 1 Whether directors of judgment debtor company can be committed to civil prison for failure to satisfy a consent decree
  2. 2 Whether conditions for arrest and detention under Order XXI of Civil Procedure Code are met

Ratio Decidendi

Directors of the judgment debtor company are liable to be arrested and detained as civil prisoners unless the full decretal sum is paid, as the statutory conditions for execution by arrest and detention have been met and the corporate veil has been lifted.

Court Disposition

application granted

Orders

  • Unless the decretal amount of TZS 26,500,000 and interest is paid within 30 days, directors Dickson Jacob Sanga and Madson Skylerk Madson shall be arrested and detained as civil prisoners for six months.
  • Applicant to pay subsistence allowance for directors' upkeep per month during imprisonment as per Order XXI Rule 38(1) and (2) of CPC.