esther crescence mashoko vs norbert furaha lyimo 2020 tzhclandd 2249 23 september 2020

esther crescence mashoko vs norbert furaha lyimo 2020 tzhclandd 2249 23 september 2020

There was no evidence that the judgment debtor acted in bad faith, concealed assets, preferred other creditors, refused to pay despite having means, or intended to abscond. Mere failure to pay is insufficient for arrest and detention as a civil prisoner under Order XXI rule 39(2) of the Civil Procedure Code.

Citation
esther crescence mashoko vs norbert furaha lyimo 2020 tzhclandd 2249 23 september 2020
Parties
Plaintiff/decree Holder: Esther Crescence Mashoko; Defendant/judgement Debtor: Norbert Furaha Lyimo
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
23 September 2020
Procedural Posture
Misc. Land Case Application / Ruling on Application for Execution (arrest and Detention of Judgement Debtor)
Outcome
Application dismissed
Legal Topics
Execution of Decrees, Arrest and Detention of Judgment Debtor, Conditions for Civil Imprisonment
Source Language
English
Civil Procedure Land Law Execution of Decrees Arrest and Detention of Judgment Debtor Conditions for Civil Imprisonment

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Parties

Esther Crescence Mashoko

Plaintiff/decree Holder

Norbert Furaha Lyimo

Defendant/judgement Debtor

Procedural Posture

Misc. Land Case Application / Ruling on Application for Execution (arrest and Detention of Judgement Debtor)

Legal Issues

  1. 1 Whether the conditions for arrest and detention of the judgment debtor as a civil prisoner under Order XXI rule 39(2) of the Civil Procedure Code have been satisfied

Ratio Decidendi

There was no evidence that the judgment debtor acted in bad faith, concealed assets, preferred other creditors, refused to pay despite having means, or intended to abscond. Mere failure to pay is insufficient for arrest and detention as a civil prisoner under Order XXI rule 39(2) of the Civil Procedure Code.

Court Disposition

Application dismissed

Orders

  • No order as to costs