mrs zubeda ahmed lakha vs hajibhai kara ibrahim 2023 tzhc 22688 16 october 2023

mrs zubeda ahmed lakha vs hajibhai kara ibrahim 2023 tzhc 22688 16 october 2023

The judgment debtor failed to appear and has evaded execution of the decree; therefore, under Order XXI Rule 35(2) of the Civil Procedure Code, the court is empowered to order his arrest and detention as a civil prisoner.

Citation
mrs zubeda ahmed lakha vs hajibhai kara ibrahim 2023 tzhc 22688 16 october 2023
Parties
Decree Holder: Mrs Zubeda Ahmed Lakha; Judgment Debtor: Hajibhai Kara Ibrahim
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
16 October 2023
Procedural Posture
Execution / Ruling on Application for Arrest and Detention of Judgment Debtor
Outcome
application granted
Legal Topics
Execution of Decree, Arrest and Detention of Judgment Debtor, Civil Imprisonment
Source Language
English
Civil Procedure Debt Recovery Execution of Decree Arrest and Detention of Judgment Debtor Civil Imprisonment

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Parties

Mrs Zubeda Ahmed Lakha

Decree Holder

Hajibhai Kara Ibrahim

Judgment Debtor

Procedural Posture

Execution / Ruling on Application for Arrest and Detention of Judgment Debtor

Legal Issues

  1. 1 Whether the judgment debtor should be arrested and detained as a civil prisoner for failure to pay the decretal amount

Ratio Decidendi

The judgment debtor failed to appear and has evaded execution of the decree; therefore, under Order XXI Rule 35(2) of the Civil Procedure Code, the court is empowered to order his arrest and detention as a civil prisoner.

Court Disposition

application granted

Orders

  • Judgment debtor to be arrested and brought before the court to show cause why he should not be detained as a civil prisoner.