afriscan group ltd vs said abdallah msangi 2021 tzhccomd 3516 21 december 2021

Respondent failed to show cause against execution; no evidence of pending appeal or stay; execution by arrest and detention granted unless payment is made.

Citation: afriscan group ltd vs said abdallah msangi 2021 tzhccomd 3516 21 december 2021
Parties: Decree Holder/applicant: Afriscan Group (T) Ltd; Judgment Debtor/respondent: Said Abdallah Msangi
Court: TZHCCOMD
Jurisdiction: Tanzania
Judgment Date: 21 December 2021
Procedural Posture: Execution Application / Ruling on Execution and Show Cause
Outcome: application for execution granted
Legal Topics: Execution of Decree, Stay of Execution, Arrest and Detention of Judgment Debtor
Source Language: English

Civil Procedure Commercial Law Execution of Decree Stay of Execution Arrest and Detention of Judgment Debtor

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Parties

Afriscan Group (T) Ltd

Decree Holder/applicant

Said Abdallah Msangi

Judgment Debtor/respondent

Procedural Posture

Execution Application / Ruling on Execution and Show Cause

Legal Issues

1 Whether the respondent has shown cause against execution by arrest and detention
2 Whether pendency of appeal bars execution
3 Whether stay of execution exists

Ratio Decidendi

Respondent failed to show cause against execution; no evidence of pending appeal or stay; execution by arrest and detention granted unless payment is made.

Court Disposition

application for execution granted

Orders

Judgment debtor to pay TZS 5,300,000 within three months
Failing payment, judgment debtor to be detained as civil prisoner for six months