musa shaibu msangi vs sumry high class another 2020 tzhccomd 2117 27 august 2020

musa shaibu msangi vs sumry high class another 2020 tzhccomd 2117 27 august 2020

The court cannot entertain any issues regarding the decretal amount or computation of interest until the judgment debtor is arrested and presented before the court. The amount to be paid upon arrest is Tzs. 216,067,500.00 as reflected in the application for execution, which has not been previously contested.

Citation
musa shaibu msangi vs sumry high class another 2020 tzhccomd 2117 27 august 2020
Parties
Plaintiff/decree Holder: Musa Shaibu Msangi; 1st Defendant/judgment Debtor: Sumry High Class Ltd; 2nd Defendant/judgment Debtor: Sumry Bus Services Ltd
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
27 August 2020
Procedural Posture
Commercial Case / Post Judgment Execution Ruling
Outcome
fresh arrest warrant issued against Mr. Hamoud Mohamed Sumry
Legal Topics
Execution of Decree, Arrest and Detention of Judgment Debtor, Interest Computation, Correction of Arithmetical Errors
Source Language
English
Civil Procedure Commercial Law Execution of Decree Arrest and Detention of Judgment Debtor Interest Computation Correction of Arithmetical Errors

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Parties

Musa Shaibu Msangi

Plaintiff/decree Holder

Sumry High Class Ltd

1st Defendant/judgment Debtor

Sumry Bus Services Ltd

2nd Defendant/judgment Debtor

Procedural Posture

Commercial Case / Post Judgment Execution Ruling

Legal Issues

  1. 1 Whether the court should entertain disputes on the decretal amount before arrest of the judgment debtor
  2. 2 Whether the amount for execution is correct and how interest should be computed
  3. 3 Whether the court should issue a fresh arrest warrant

Ratio Decidendi

The court cannot entertain any issues regarding the decretal amount or computation of interest until the judgment debtor is arrested and presented before the court. The amount to be paid upon arrest is Tzs. 216,067,500.00 as reflected in the application for execution, which has not been previously contested.

Court Disposition

fresh arrest warrant issued against Mr. Hamoud Mohamed Sumry

Orders

  • Issuance of a fresh arrest warrant in respect of Mr. Hamoud Mohamed Sumry under section 44(1)(a)(b)(c) of the Civil Procedure Code, Cap 33 R.E. 2019