i and m bank t ltd vs emmanuel justine nyerere ta mafuta distributors and another 2020 tzhccomd 1973 13 august 2020

Judgment debtors failed to fulfill obligations and did not appear despite proper service, justifying execution against mortgaged assets.

Citation: i and m bank t ltd vs emmanuel justine nyerere ta mafuta distributors and another 2020 tzhccomd 1973 13 august 2020
Parties: Plaintiff/decree Holder: I & M Bank (T) Ltd; 1st Defendant/judgment Debtor: Emmanuel Justine Nyerere t/a Mafuta Distributors; 2nd Defendant/judgment Debtor: Revina Joseph M Honge
Court: TZHCCOMD
Jurisdiction: Tanzania
Judgment Date: 13 August 2020
Procedural Posture: Application for Execution of Decree / Ruling on Execution Application
Outcome: application granted with costs
Legal Topics: Execution of Decree, Mortgage Enforcement, Substituted Service
Source Language: English

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I & M Bank (T) Ltd

Plaintiff/decree Holder

Emmanuel Justine Nyerere t/a Mafuta Distributors

1st Defendant/judgment Debtor

Revina Joseph M Honge

2nd Defendant/judgment Debtor

Application for Execution of Decree / Ruling on Execution Application

1 Whether the decree holder is entitled to execution against the mortgaged properties and vehicles
2 Whether proper notice and service was effected on judgment debtors

Judgment debtors failed to fulfill obligations and did not appear despite proper service, justifying execution against mortgaged assets.

application granted with costs

Warrant of attachment and sale of three listed properties and vehicles (trucks T841 CLX, T462 CLK; trailers T834 CLX, T938 CLX)
Execution to proceed as per application filed under Order XXI Rule 9 CPC