20051025 TZHC Dar es Salaam

20051025 TZHC Dar es Salaam

Persistent default and evasion by the respondent and its directors constitute sufficient grounds to grant the application for examination and possible arrest to enforce the decree.

Citation
20051025 TZHC Dar es Salaam
Parties
Plaintiff / Applicant: Tanzania Oxygen Ltd; Defendant / Respondent: H.N. Impexport Ltd; Director of Respondent: Alhaj Yunus Mugishagwe; Director of Respondent: Alhaj Nazir Rajab; Director of Respondent: Ayub Haji Abasi
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
25 October 2005
Procedural Posture
Civil / Ruling on Execution Application
Outcome
Application granted with costs
Legal Topics
Execution of Decree, Examination of Judgment Debtor, Arrest and Detention for Non Payment
Source Language
English
Civil Procedure Enforcement of Judgments Execution of Decree Examination of Judgment Debtor Arrest and Detention for Non Payment

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Parties

Tanzania Oxygen Ltd

Plaintiff / Applicant

H.N. Impexport Ltd

Defendant / Respondent

Alhaj Yunus Mugishagwe

Director of Respondent

Alhaj Nazir Rajab

Director of Respondent

Ayub Haji Abasi

Director of Respondent

Procedural Posture

Civil / Ruling on Execution Application

Legal Issues

  1. 1 Whether the Directors of the Respondent should be called to show cause why the decree should not be executed
  2. 2 Whether the Directors should be examined as to the means and property of the Respondent for satisfying the decree
  3. 3 Whether arrest and detention of the Directors is warranted for failure to satisfy the decree

Ratio Decidendi

Persistent default and evasion by the respondent and its directors constitute sufficient grounds to grant the application for examination and possible arrest to enforce the decree.

Court Disposition

Application granted with costs

Orders

  • Directors of the Respondent to be called and examined as to means and property for satisfying the decree
  • In default, decree to be executed including possible arrest and detention of the Directors