juma lymo another vs sharif ally abdallah 2022 tzhclandd 12585 30 november 2022

juma lymo another vs sharif ally abdallah 2022 tzhclandd 12585 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 lymo another vs sharif ally abdallah 2022 tzhclandd 12585 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. 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