hans aingaya macha vs dira newspaper company ltd and another 2022 tzhc 15166 15 december 2022

hans aingaya macha vs dira newspaper company ltd and another 2022 tzhc 15166 15 december 2022

The judgment debtor's director failed to provide justifiable reasons for non-payment of the decretal amount, having defaulted since 2016 and made unfulfilled promises. The court found the conduct dishonest and fraudulent, warranting committal to civil prison unless the decretal amount is paid within 14 days.

Citation
hans aingaya macha vs dira newspaper company ltd and another 2022 tzhc 15166 15 december 2022
Parties
Decree Holder: Hans Aingaya Macha; 1st Judgment Debtor: Dira Newspaper Company Ltd; 2nd Judgment Debtor: Musa Msama
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
15 December 2022
Procedural Posture
Execution Application / Ruling on Application for Committal to Civil Prison
Outcome
application granted
Legal Topics
Execution of Decree, Committal to Civil Prison, Consent Judgment, Subsistence Allowance, Guarantee of Performance
Source Language
English
Civil Procedure Debt Recovery Enforcement of Judgments Execution of Decree Committal to Civil Prison Consent Judgment Subsistence Allowance Guarantee of Performance

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Hans Aingaya Macha

Decree Holder

Dira Newspaper Company Ltd

1st Judgment Debtor

Musa Msama

2nd Judgment Debtor

Procedural Posture

Execution Application / Ruling on Application for Committal to Civil Prison

Legal Issues

  1. 1 Whether the director of the 1st judgment debtor should be committed to civil prison for failure to satisfy the court's decree
  2. 2 Whether the reasons advanced by the judgment debtor justify non-payment of the decretal amount

Ratio Decidendi

The judgment debtor's director failed to provide justifiable reasons for non-payment of the decretal amount, having defaulted since 2016 and made unfulfilled promises. The court found the conduct dishonest and fraudulent, warranting committal to civil prison unless the decretal amount is paid within 14 days.

Court Disposition

application granted

Orders

  • Unless the decretal amount of Tshs 8,000,000 is paid within 14 days from the date of ruling, the director of the 1st judgment debtor, Mr. Alex Msama, shall be arrested and detained as a civil prisoner for six months.
  • The decree holder shall pay Tshs. 300,000 per month as subsistence allowance to the Prison Officer of Ukonga Prison for each month of detention; failure to pay will prevent detention.