19951125 TZHC Dar es Salaam

19951125 TZHC Dar es Salaam

There is no evidence that the judgment debtor is able to pay the full decretal amount or has transferred assets. Payment by monthly installments is fair, but the amount offered is unreasonably low given the size of the debt. The court orders payment by higher monthly installments instead of detention.

Citation
19951125 TZHC Dar es Salaam
Parties
Plaintiff/decree Holder: Brithol Michcoma Company Limited; Defendant/judgment Debtor: Karim G. Ahmed (trading as Tyre Centre)
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
25 November 1995
Procedural Posture
Civil Case / Ruling on Execution Application for Detention of Judgment Debtor
Outcome
Application for detention dismissed; installment payment order granted.
Legal Topics
Execution of Decrees, Detention in Civil Prison, Installment Payment Orders
Source Language
English
Civil Procedure Debt Recovery Execution of Decrees Detention in Civil Prison Installment Payment Orders

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Parties

Brithol Michcoma Company Limited

Plaintiff/decree Holder

Karim G. Ahmed (trading as Tyre Centre)

Defendant/judgment Debtor

Procedural Posture

Civil Case / Ruling on Execution Application for Detention of Judgment Debtor

Legal Issues

  1. 1 Whether the judgment debtor should be committed to civil prison for failure to pay the decretal amount
  2. 2 Whether the judgment debtor is unable to pay due to poverty or other sufficient cause
  3. 3 Whether payment by installments is appropriate

Ratio Decidendi

There is no evidence that the judgment debtor is able to pay the full decretal amount or has transferred assets. Payment by monthly installments is fair, but the amount offered is unreasonably low given the size of the debt. The court orders payment by higher monthly installments instead of detention.

Court Disposition

Application for detention dismissed; installment payment order granted.

Orders

  • Judgment debtor to pay the decretal amount by monthly installments of shs.1,000,000/= commencing 31st January 1995 and thereafter on the last day of each succeeding month, with the usual default clause.