EXIM BANK T VS FELIX GAMAEL MOSHA COMM CASE NO

In the absence of a formal, court-recorded settlement, the decree holder is entitled to enforce the full decretal amount as per the decree, subject to correct computation of the amount due.

Citation: EXIM BANK T VS FELIX GAMAEL MOSHA COMM CASE NO
Parties: Decree Holder: Exim Bank Tanzania Limited; 1st Judgment Debtor: Felix Gamaliel Mosha; 2nd Judgment Debtor: Anna Felix Mosha
Court: TANZLII
Jurisdiction: Tanzania
Judgment Date: 1 January 2015
Procedural Posture: Execution Proceedings / Ruling on Show Cause Against Execution
Outcome: Show cause dismissed; execution orders postponed due to computational anomalies.
Legal Topics: Execution of Decree, Settlement Agreements, Debt Recovery
Source Language: English

Civil Procedure Banking Law Execution of Decree Settlement Agreements Debt Recovery

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Parties

Exim Bank Tanzania Limited

Decree Holder

Felix Gamaliel Mosha

1st Judgment Debtor

Anna Felix Mosha

2nd Judgment Debtor

Procedural Posture

Execution Proceedings / Ruling on Show Cause Against Execution

Legal Issues

1 Whether the decretal sum was reduced through a formal agreement after issuance of the decree
2 Whether the decree holder is entitled to enforce the full decretal amount

Ratio Decidendi

In the absence of a formal, court-recorded settlement, the decree holder is entitled to enforce the full decretal amount as per the decree, subject to correct computation of the amount due.

Court Disposition

Show cause dismissed; execution orders postponed due to computational anomalies.

Orders

Judgment debtors failed to show cause against execution.
Decree holder advised to amend execution application to reflect correct amount.