20040129 TZHC Dar es Salaam

20040129 TZHC Dar es Salaam

The court lacks jurisdiction to order payment by instalments at the execution stage without the decree-holder's consent under Order 20 Rule 11(2) CPC. The applicant failed to prove the house is a matrimonial home exempt from attachment. Both prayers are dismissed.

Citation
20040129 TZHC Dar es Salaam
Parties
Applicant/judgment Debtor: Mohamed Fazal; Respondent/decree Holder: Aziz Ismail
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
29 January 2004
Procedural Posture
Commercial Case / Execution Proceedings on Application to Pay Decree by Instalments and to Arrest Prohibitory Order
Outcome
Application dismissed with costs.
Legal Topics
Execution of Decrees, Payment by Instalments, Attachment of Property, Matrimonial Home
Source Language
English
Civil Procedure Commercial Law Execution of Decrees Payment by Instalments Attachment of Property Matrimonial Home

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Parties

Mohamed Fazal

Applicant/judgment Debtor

Aziz Ismail

Respondent/decree Holder

Procedural Posture

Commercial Case / Execution Proceedings on Application to Pay Decree by Instalments and to Arrest Prohibitory Order

Legal Issues

  1. 1 Whether the court can order payment of a decretal sum by instalments at the execution stage without the decree-holder's consent
  2. 2 Whether the judgment debtor's house is exempt from attachment as a matrimonial home

Ratio Decidendi

The court lacks jurisdiction to order payment by instalments at the execution stage without the decree-holder's consent under Order 20 Rule 11(2) CPC. The applicant failed to prove the house is a matrimonial home exempt from attachment. Both prayers are dismissed.

Court Disposition

Application dismissed with costs.

Orders

  • Application to pay by instalments dismissed.
  • Application to arrest prohibitory order dismissed.