the registered trustees of seventh day adventist church of tanzania vs pius mtengwa 4 others 2022 tzhclandd 12576 30 november 2022

the registered trustees of seventh day adventist church of tanzania vs pius mtengwa 4 others 2022 tzhclandd 12576 30 november 2022

Execution must proceed as judgment debtors failed to settle the decreed amount after multiple opportunities; further adjournments would defeat the purpose of the decree.

Citation
the registered trustees of seventh day adventist church of tanzania vs pius mtengwa 4 others 2022 tzhclandd 12576 30 november 2022
Parties
Decree Holder: The Registered Trustees of Seventh Day Adventist Church of Tanzania; 1st Judgment Debtor: Pius Mtengwa; 2nd Judgment Debtor: Hezron Mwasangite; 3rd Judgment Debtor: Magati K. Wiga; 4th Judgment Debtor: Saad Ayoub; 5th Judgment Debtor: Anfred Rwanzo
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
30 November 2022
Procedural Posture
Execution Application / Ruling
Outcome
application for execution granted
Legal Topics
Execution of Decree, General Damages, Civil Imprisonment
Source Language
English
Civil Procedure Land Law Execution of Decree General Damages Civil Imprisonment

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Parties

The Registered Trustees of Seventh Day Adventist Church of Tanzania

Decree Holder

Pius Mtengwa

1st Judgment Debtor

Hezron Mwasangite

2nd Judgment Debtor

Magati K. Wiga

3rd Judgment Debtor

Saad Ayoub

4th Judgment Debtor

Anfred Rwanzo

5th Judgment Debtor

Procedural Posture

Execution Application / Ruling

Legal Issues

  1. 1 whether execution should proceed against judgment debtors for payment of decreed amount
  2. 2 whether further adjournments for settlement are justified

Ratio Decidendi

Execution must proceed as judgment debtors failed to settle the decreed amount after multiple opportunities; further adjournments would defeat the purpose of the decree.

Court Disposition

application for execution granted

Orders

  • Judgment debtors to pay Tsh 10,000,000 plus 5% interest from date of ruling to date of payment within 30 days
  • Failure to pay will result in arrest and civil imprisonment for three months