abutwalib mussa msuya others vs capital breweries limited others 2010 tzhc 168 11 june 2010

abutwalib mussa msuya others vs capital breweries limited others 2010 tzhc 168 11 june 2010

The second judgment debtor is personally liable under the ex parte judgment as he was named as a defendant and failed to defend himself; execution by arrest and detention is proper under the Civil Procedure Code, and objections regarding director liability and decree validity are misconceived at the execution stage.

Citation
abutwalib mussa msuya others vs capital breweries limited others 2010 tzhc 168 11 june 2010
Parties
Applicants/plaintiffs/decree Holders: Abutwalib Mussa Msuya & Others; Respondent/defendant/judgement Debtor: Capital Breweries Limited; Respondent/defendant/judgement Debtor: Girish T. Chande; Respondent/defendant/judgement Debtor: Charles R.B. Rwechungura
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
11 June 2010
Procedural Posture
Civil / Execution Proceedings Post Judgment
Outcome
application granted
Legal Topics
Execution of Decrees, Arrest and Detention in Civil Prison, Director Liability, Ex Parte Judgment, Terminal Benefits
Source Language
English
Civil Procedure Employment Law Execution of Decrees Arrest and Detention in Civil Prison Director Liability Ex Parte Judgment Terminal Benefits

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Parties

Abutwalib Mussa Msuya & Others

Applicants/plaintiffs/decree Holders

Capital Breweries Limited

Respondent/defendant/judgement Debtor

Girish T. Chande

Respondent/defendant/judgement Debtor

Charles R.B. Rwechungura

Respondent/defendant/judgement Debtor

Procedural Posture

Civil / Execution Proceedings Post Judgment

Legal Issues

  1. 1 Whether the decree holders are entitled to execute the ex parte judgment by arrest and detention of the second judgment debtor as a civil prisoner
  2. 2 Whether the decree is defective or unenforceable against the second judgment debtor
  3. 3 Whether directors can be personally liable for company debts in execution proceedings

Ratio Decidendi

The second judgment debtor is personally liable under the ex parte judgment as he was named as a defendant and failed to defend himself; execution by arrest and detention is proper under the Civil Procedure Code, and objections regarding director liability and decree validity are misconceived at the execution stage.

Court Disposition

application granted

Orders

  • Second judgment debtor, Girish T. Chande, is ordered to pay the decretal amount plus interest to the applicants/decree holders immediately or be arrested and committed to prison as a civil prisoner forthwith.