Application For Execution No

Application For Execution No

The application for execution was incompetent as the decree holder failed to provide evidence of attempts to execute the decree by other modes, improperly filed the application using Form No. 5 instead of a chamber application, and failed to attach the drawn order required for execution.

Citation
Application For Execution No
Parties
Decree Holder: Janeth John Laizer; Judgment Debtor: Asulumenie Pakilo Mwaitebele (Attorney of Mrs. Atuganile Emmanuel Maumba)
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2022
Procedural Posture
Application for Execution / Ruling on Preliminary Objections
Outcome
application struck out
Legal Topics
Execution of Decrees, Preliminary Objections, Mode of Execution, Attachment of Drawn Order
Source Language
English
Civil Procedure Land Law Execution of Decrees Preliminary Objections Mode of Execution Attachment of Drawn Order

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Parties

Janeth John Laizer

Decree Holder

Asulumenie Pakilo Mwaitebele (Attorney of Mrs. Atuganile Emmanuel Maumba)

Judgment Debtor

Procedural Posture

Application for Execution / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the application for execution by arrest and detention is competent without exhausting other modes of execution
  2. 2 Whether the application was properly filed using Form No. 5 instead of a chamber application
  3. 3 Whether failure to attach the drawn order renders the application defective

Ratio Decidendi

The application for execution was incompetent as the decree holder failed to provide evidence of attempts to execute the decree by other modes, improperly filed the application using Form No. 5 instead of a chamber application, and failed to attach the drawn order required for execution.

Court Disposition

application struck out

Orders

  • Application for execution struck out
  • Each party to bear their own costs