ASB T LTD TA HYATT REGENCY DSM VS WYCLIFF SHILAHO COMM CASE NO

ASB T LTD TA HYATT REGENCY DSM VS WYCLIFF SHILAHO COMM CASE NO

The judgment debtors have had the means to pay the decretal sum but refused or neglected to do so; arrest and detention is a permissible and appropriate mode of execution under the circumstances.

Citation
ASB T LTD TA HYATT REGENCY DSM VS WYCLIFF SHILAHO COMM CASE NO
Parties
Decree Holder: ASB Tanzania Limited t/a Hyatt Regency Dar es Salaam; 1st Judgment Debtor: Wycliff Shilaho; 2nd Judgment Debtor: Martin Rehumbiza
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2017
Procedural Posture
Commercial Case / Execution Application Ruling
Outcome
application granted
Legal Topics
Execution of Decrees, Arrest and Detention of Judgment Debtor, Subsistence Allowance, Insolvency
Source Language
English
Civil Procedure Commercial Law Execution of Decrees Arrest and Detention of Judgment Debtor Subsistence Allowance Insolvency

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Parties

ASB Tanzania Limited t/a Hyatt Regency Dar es Salaam

Decree Holder

Wycliff Shilaho

1st Judgment Debtor

Martin Rehumbiza

2nd Judgment Debtor

Procedural Posture

Commercial Case / Execution Application Ruling

Legal Issues

  1. 1 Whether arrest and detention of judgment debtors is permissible as a mode of execution without first exhausting other modes
  2. 2 Whether the judgment debtors have refused or neglected to pay despite having means

Ratio Decidendi

The judgment debtors have had the means to pay the decretal sum but refused or neglected to do so; arrest and detention is a permissible and appropriate mode of execution under the circumstances.

Court Disposition

application granted

Orders

  • Judgment debtors to be arrested and committed to civil prison for six months unless the full decretal sum is paid sooner.
  • Decree holder to deposit Tshs 300,000 per month for each judgment debtor as subsistence allowance in advance.