FOUR WAYS TRAVEL SERVICES MZA LTD

The judgement debtor, having defaulted on the settlement and failed to appear despite notice, is liable to be arrested and brought before the court under Order XXI Rule 35(2) of the CPC.

Citation: FOUR WAYS TRAVEL SERVICES MZA LTD
Parties: Decree Holder: Four Ways Travel Services (MZA) Ltd; Judgement Debtor: Magesa Mulongo
Court: TANZLII
Jurisdiction: Tanzania
Judgment Date: 22 April 2024
Procedural Posture: Civil Execution / Ruling on Application for Execution by Arrest and Detention
Outcome: application granted
Legal Topics: Execution of Decree, Arrest and Detention as Civil Prisoner, Default on Settlement Agreement
Source Language: English

Civil Procedure Debt Recovery Execution of Decree Arrest and Detention as Civil Prisoner Default on Settlement Agreement

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Parties

Four Ways Travel Services (MZA) Ltd

Decree Holder

Magesa Mulongo

Judgement Debtor

Procedural Posture

Civil Execution / Ruling on Application for Execution by Arrest and Detention

Legal Issues

1 Whether the judgement debtor should be arrested and detained as a civil prisoner for defaulting on the settlement agreement

Ratio Decidendi

The judgement debtor, having defaulted on the settlement and failed to appear despite notice, is liable to be arrested and brought before the court under Order XXI Rule 35(2) of the CPC.

Court Disposition

application granted

Orders

Judgement debtor to be arrested and brought before the court under Order XXI Rule 35(2) of the CPC.
Costs to be in the cause.