EXIM BANK T LTD VS LION WATTLE CO

EXIM BANK T LTD VS LION WATTLE CO

Alleged payments by judgment debtors cannot be recognized in execution proceedings unless certified or recorded in compliance with Order XXI rule 2 of the Civil Procedure Code; judgment debtors are given 14 days to file the requisite application to substantiate their claim of payment, failing which execution orders will be granted.

Citation
EXIM BANK T LTD VS LION WATTLE CO
Parties
Decree Holder: EXIM BANK (TANZANIA) LIMITED; 1st Judgment Debtor: LION WATTLE COMPANY (T) LIMITED; 2nd Judgment Debtor: YUSUPH NAWAB MULLA; 3rd Judgment Debtor: SHAHDAD NAWAB MULLA
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2019
Procedural Posture
Execution Proceedings / Ruling on Application for Execution
Outcome
execution proceedings suspended
Legal Topics
Execution of Decrees, Certification of Payments, Debt Recovery
Source Language
English
Civil Procedure Commercial Law Execution of Decrees Certification of Payments Debt Recovery

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Parties

EXIM BANK (TANZANIA) LIMITED

Decree Holder

LION WATTLE COMPANY (T) LIMITED

1st Judgment Debtor

YUSUPH NAWAB MULLA

2nd Judgment Debtor

SHAHDAD NAWAB MULLA

3rd Judgment Debtor

Procedural Posture

Execution Proceedings / Ruling on Application for Execution

Legal Issues

  1. 1 Whether execution orders should be issued in light of alleged part payment by judgment debtors
  2. 2 Whether alleged payments by judgment debtors can be recognized without certification under Order XXI rule 2 of the Civil Procedure Code

Ratio Decidendi

Alleged payments by judgment debtors cannot be recognized in execution proceedings unless certified or recorded in compliance with Order XXI rule 2 of the Civil Procedure Code; judgment debtors are given 14 days to file the requisite application to substantiate their claim of payment, failing which execution orders will be granted.

Court Disposition

execution proceedings suspended

Orders

  • Judgment debtors given 14 days to file application to substantiate alleged payments.
  • Execution proceedings suspended pending determination of such application.