STANBIC BANK TANANIA LTD VS JOHN MOMOSE CHEYO EXECUTION OF COMM CASE NO

STANBIC BANK TANANIA LTD VS JOHN MOMOSE CHEYO EXECUTION OF COMM CASE NO

The decree holder failed to provide evidence or affidavit proving any of the allegations required under Order XXI rule 39(2) of the Civil Procedure Code; therefore, legal grounds for detention were not established.

Citation
STANBIC BANK TANANIA LTD VS JOHN MOMOSE CHEYO EXECUTION OF COMM CASE NO
Parties
Decree Holder: Stanbic Bank Tanzania Ltd; Judgment Debtor: John Momose Cheyo
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2014
Procedural Posture
Execution Proceedings / Ruling on Application for Arrest and Detention as Civil Prisoner
Outcome
application dismissed
Legal Topics
Execution of Decrees, Arrest and Detention of Judgment Debtor, Civil Imprisonment
Source Language
English
Civil Procedure Commercial Law Execution of Decrees Arrest and Detention of Judgment Debtor Civil Imprisonment

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Parties

Stanbic Bank Tanzania Ltd

Decree Holder

John Momose Cheyo

Judgment Debtor

Procedural Posture

Execution Proceedings / Ruling on Application for Arrest and Detention as Civil Prisoner

Legal Issues

  1. 1 Whether the decree holder has established legal grounds for arrest and detention of the judgment debtor as a civil prisoner under Order XXI rule 39(2) of the Civil Procedure Code

Ratio Decidendi

The decree holder failed to provide evidence or affidavit proving any of the allegations required under Order XXI rule 39(2) of the Civil Procedure Code; therefore, legal grounds for detention were not established.

Court Disposition

application dismissed