vip engineering and marketing ltd vs sgs societe generale de surveillance sa 10 others 2023 tzhccomd 99 17 march 2023

vip engineering and marketing ltd vs sgs societe generale de surveillance sa 10 others 2023 tzhccomd 99 17 march 2023

The judgment debtors failed to show sufficient cause for non-payment, and the evidence shows they had means and were served with the decree. Their refusal or neglect to pay justifies their committal as civil prisoners under Order XXI Rule 39(2)(d) of the Civil Procedure Code.

Citation
vip engineering and marketing ltd vs sgs societe generale de surveillance sa 10 others 2023 tzhccomd 99 17 march 2023
Parties
Decree Holder: VIP Engineering and Marketing Limited; 1st Judgment Debtor: SGS Societe Generale de Surveillance SA; 2nd Judgment Debtor: SGS Tanzania Superintendence Company Limited; 3rd Judgment Debtor: Benedict K. Karuho; 4th Judgment Debtor: Harry Leonard Freake; 5th Judgment Debtor: Collins Andrew Sidney Robbery; 6th Judgment Debtor: Craig John Wilson; 7th Judgment Debtor: Samwel Kojo Gyan; 8th Judgment Debtor: Jean Fredric Georges Marie Hellen; 9th Judgment Debtor: Carla Denise F. De Geyseleer; 10th Judgment Debtor: Kwok Wangng; 11th Judgment Debtor: Jean Paul Antoine Bonvin
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
17 March 2023
Procedural Posture
Execution Proceedings / Ruling on Notice to Show Cause for Committal as Civil Prisoners
Outcome
application granted
Legal Topics
Execution of Decrees, Civil Imprisonment, Show Cause Notice
Source Language
English
Civil Procedure Commercial Law Execution of Decrees Civil Imprisonment Show Cause Notice

Case Brief

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Parties

VIP Engineering and Marketing Limited

Decree Holder

SGS Societe Generale de Surveillance SA

1st Judgment Debtor

SGS Tanzania Superintendence Company Limited

2nd Judgment Debtor

Benedict K. Karuho

3rd Judgment Debtor

Harry Leonard Freake

4th Judgment Debtor

Collins Andrew Sidney Robbery

5th Judgment Debtor

Craig John Wilson

6th Judgment Debtor

Samwel Kojo Gyan

7th Judgment Debtor

Jean Fredric Georges Marie Hellen

8th Judgment Debtor

Carla Denise F. De Geyseleer

9th Judgment Debtor

Kwok Wangng

10th Judgment Debtor

Jean Paul Antoine Bonvin

11th Judgment Debtor

Procedural Posture

Execution Proceedings / Ruling on Notice to Show Cause for Committal as Civil Prisoners

Legal Issues

  1. 1 Whether the 3rd to 11th judgment debtors should be committed to prison as civil prisoners for failure to pay the decretal sum

Ratio Decidendi

The judgment debtors failed to show sufficient cause for non-payment, and the evidence shows they had means and were served with the decree. Their refusal or neglect to pay justifies their committal as civil prisoners under Order XXI Rule 39(2)(d) of the Civil Procedure Code.

Court Disposition

application granted

Orders

  • Arrest warrants to be issued against the 3rd to 11th judgment debtors for committal to prison as civil prisoners.
  • 3rd to 11th judgment debtors to be imprisoned for six months as civil prisoners, subject to deposing subsistence allowance of TZS 500,000 per month per debtor.