domina safii

domina safii

The application for arrest and detention of the first, second, and third judgment debtors as civil prisoners is proper and complies with the Civil Procedure Code. Apportionment of liability and inclusion of all judgment debtors is not mandatory for the decree holder. Service was effectively done. Arrest and detention is a last resort after resistance and failure to pay by judgment debtors.

Citation
domina safii
Parties
Decree Holder: Domina Kagaruki; 1st Judgment Debtor: Farida F. Mbaraka; 2nd Judgment Debtor: Farid Ahmed Mbarak; 3rd Judgment Debtor: Elius A. Mwakalinga
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2022
Procedural Posture
Application for Execution / Ruling
Outcome
application allowed in part
Legal Topics
Execution of Decrees, Arrest and Detention as Civil Prisoner, Apportionment of Liability, Service of Process
Source Language
English
Civil Procedure Land Law Execution of Decrees Arrest and Detention as Civil Prisoner Apportionment of Liability Service of Process

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Parties

Domina Kagaruki

Decree Holder

Farida F. Mbaraka

1st Judgment Debtor

Farid Ahmed Mbarak

2nd Judgment Debtor

Elius A. Mwakalinga

3rd Judgment Debtor

Procedural Posture

Application for Execution / Ruling

Legal Issues

  1. 1 Whether the application for arrest and detention of judgment debtors as civil prisoners is proper
  2. 2 Whether the application complies with procedural requirements under the Civil Procedure Code
  3. 3 Whether apportionment of liability and inclusion of all judgment debtors is mandatory

Ratio Decidendi

The application for arrest and detention of the first, second, and third judgment debtors as civil prisoners is proper and complies with the Civil Procedure Code. Apportionment of liability and inclusion of all judgment debtors is not mandatory for the decree holder. Service was effectively done. Arrest and detention is a last resort after resistance and failure to pay by judgment debtors.

Court Disposition

application allowed in part

Orders

  • Judgment debtors to be arrested and brought before the court on 08.04.2025 at 11:00am to show cause why they should not be committed as civil prisoners.