bank of africa tanzania limited vs martin matiku 2 others 2021 tzhccomd 3514 21 december 2021

bank of africa tanzania limited vs martin matiku 2 others 2021 tzhccomd 3514 21 december 2021

The judgment debtor failed to show sufficient cause to avoid committal as a civil prisoner, as pending claims against third parties do not affect the enforceability of the decree.

Citation
bank of africa tanzania limited vs martin matiku 2 others 2021 tzhccomd 3514 21 december 2021
Parties
Decree Holder: Bank of Africa Tanzania Limited; 1st Judgment Debtor: Martin Matiku t/a Mart Commercial Trading Company; 2nd Judgment Debtor: Deadatus Costatine Monji; 3rd Judgment Debtor: Africa Property Ltd
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
21 December 2021
Procedural Posture
Commercial Case / Execution Proceedings Application for Committal as Civil Prisoner
Outcome
application for committal granted
Legal Topics
Execution of Decree, Civil Imprisonment for Debt, Show Cause Proceedings
Source Language
English
Civil Procedure Commercial Law Execution of Decree Civil Imprisonment for Debt Show Cause Proceedings

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Parties

Bank of Africa Tanzania Limited

Decree Holder

Martin Matiku t/a Mart Commercial Trading Company

1st Judgment Debtor

Deadatus Costatine Monji

2nd Judgment Debtor

Africa Property Ltd

3rd Judgment Debtor

Procedural Posture

Commercial Case / Execution Proceedings Application for Committal as Civil Prisoner

Legal Issues

  1. 1 Whether the judgment debtor has shown sufficient cause to avoid committal as a civil prisoner for failure to pay the decretal sum

Ratio Decidendi

The judgment debtor failed to show sufficient cause to avoid committal as a civil prisoner, as pending claims against third parties do not affect the enforceability of the decree.

Court Disposition

application for committal granted

Orders

  • Mr. Martin Matiku to be arrested and detained as a civil prisoner unless the decretal sum is paid within three months
  • Upon expiry of three months without payment, decree holder to deposit monthly allowance for prisoner's upkeep at TZS 300,000 per month