AZANIA BANK LTD VS MWANZA CITY COUNCIL COMM CASE NO

AZANIA BANK LTD VS MWANZA CITY COUNCIL COMM CASE NO

The application for execution is untenable because the order sought is not in conformity with the court decree, which stipulates payment of only specific amounts by certain dates and the remaining balance over three years.

Citation
AZANIA BANK LTD VS MWANZA CITY COUNCIL COMM CASE NO
Parties
Decree Holder: Azania Bank Ltd; Judgment Debtor: Mwanza City Council
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2015
Procedural Posture
Execution Application / Ruling
Outcome
application struck out
Legal Topics
Execution of Decree, Civil Imprisonment, Settlement Agreement
Source Language
English
Civil Procedure Commercial Law Execution of Decree Civil Imprisonment Settlement Agreement

Case Brief

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Parties

Azania Bank Ltd

Decree Holder

Mwanza City Council

Judgment Debtor

Procedural Posture

Execution Application / Ruling

Legal Issues

  1. 1 Whether the Director of Mwanza City Council should be detained as a civil prisoner for failure to pay the decretal sum
  2. 2 Whether the application for execution is in conformity with the court decree

Ratio Decidendi

The application for execution is untenable because the order sought is not in conformity with the court decree, which stipulates payment of only specific amounts by certain dates and the remaining balance over three years.

Court Disposition

application struck out

Orders

  • application struck out
  • no order as to costs