juma lyimo vs sharif ally abdallah 2022 tzhclandd 12570 30 november 2022

The application is premature as the Decree Holder has not exhausted other modes of execution before seeking detention of the Judgment Debtor as a civil prisoner.

Citation: juma lyimo vs sharif ally abdallah 2022 tzhclandd 12570 30 november 2022
Parties: Decree Holder: Juma Lyimo; Judgment Debtor: Sharif Ally Abdallah
Court: TANZLII
Jurisdiction: Tanzania
Judgment Date: 30 November 2022
Procedural Posture: Execution Application / Ruling
Outcome: application struck out
Legal Topics: Execution of Decrees, Detention of Judgment Debtor, Premature Application
Source Language: English

Civil Procedure Land Law Execution of Decrees Detention of Judgment Debtor Premature Application

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Parties

Juma Lyimo

Decree Holder

Sharif Ally Abdallah

Judgment Debtor

Procedural Posture

Execution Application / Ruling

Legal Issues

1 Whether the application for detention of the judgment debtor as a civil prisoner is competent without exhausting other modes of execution

Ratio Decidendi

The application is premature as the Decree Holder has not exhausted other modes of execution before seeking detention of the Judgment Debtor as a civil prisoner.

Court Disposition

application struck out

Orders

application struck out
no order as to costs