BANK OF AFRICA T LTD VS IBRAHIM MAJEBELE MAYENGA APPL FOR EXCITION NO

The decree holder failed to provide evidence of bad faith by the judgment debtor; mere failure to pay is insufficient for arrest and detention under the law.

Citation: BANK OF AFRICA T LTD VS IBRAHIM MAJEBELE MAYENGA APPL FOR EXCITION NO
Parties: Decree Holder: Bank of Africa (T) Limited; Judgment Debtor: Ibrahim Majebele Mayenga
Court: TANZLII
Jurisdiction: Tanzania
Judgment Date: 1 January 2024
Procedural Posture: Application for Execution / Ruling
Outcome: application dismissed
Legal Topics: Execution of Decrees, Arrest and Detention of Judgment Debtor, Bad Faith in Execution Proceedings
Source Language: English

Civil Procedure Commercial Law Execution of Decrees Arrest and Detention of Judgment Debtor Bad Faith in Execution Proceedings

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Parties

Bank of Africa (T) Limited

Decree Holder

Ibrahim Majebele Mayenga

Judgment Debtor

Procedural Posture

Application for Execution / Ruling

Legal Issues

1 Whether the decree holder has established grounds for arrest and detention of the judgment debtor as a civil prisoner

Ratio Decidendi

The decree holder failed to provide evidence of bad faith by the judgment debtor; mere failure to pay is insufficient for arrest and detention under the law.

Court Disposition

application dismissed

Orders

The application for arrest and detention of the judgment debtor is dismissed for lack of merit.