exim bank t limited vs national furnishers limited kawe apartment 2023 tzhclandd 98 28 february 2023

The application is premature because the Decree Holder did not exhaust other legally provided modes of execution before seeking detention of the Judgment Debtors as civil prisoners.

Citation: exim bank t limited vs national furnishers limited kawe apartment 2023 tzhclandd 98 28 february 2023
Parties: Applicant/decree Holder: EXIM BANK (T) LIMITED; 1st Respondent/judgment Debtor: NATIONAL FURNISHERS LIMITED; 2nd Respondent/judgment Debtor: KAWE APARTMENTS LIMITED
Court: TANZLII
Jurisdiction: Tanzania
Judgment Date: 28 February 2023
Procedural Posture: Execution Application / Ruling on Application for Execution
Outcome: application struck out as premature with leave to refile
Legal Topics: Execution of Decrees, Civil Imprisonment, Premature Application
Source Language: English

Civil Procedure Land Law Execution of Decrees Civil Imprisonment Premature Application

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Parties

EXIM BANK (T) LIMITED

Applicant/decree Holder

NATIONAL FURNISHERS LIMITED

1st Respondent/judgment Debtor

KAWE APARTMENTS LIMITED

2nd Respondent/judgment Debtor

Procedural Posture

Execution Application / Ruling on Application for Execution

Legal Issues

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

Ratio Decidendi

The application is premature because the Decree Holder did not exhaust other legally provided modes of execution before seeking detention of the Judgment Debtors as civil prisoners.

Court Disposition

application struck out as premature with leave to refile

Orders

application struck out
leave to refile granted