exim bank t ltd vs ms dadho road hauliage t ltd 2 others 2023 tzhccomd 335 14 september 2023

The decree holder failed to allege and prove any of the matters required under Order XXI Rule 39(2) of the Civil Procedure Code; mere failure to pay the decretal sum is insufficient for ordering arrest and detention of judgment debtors.

Citation: exim bank t ltd vs ms dadho road hauliage t ltd 2 others 2023 tzhccomd 335 14 september 2023
Parties: Decree Holder: Exim Bank Tanzania Limited; 1st Judgment Debtor: M/S Dadho Road Hauliage (T) Limited; 2nd Judgment Debtor: Karim Shamshudin Suleiman; 3rd Judgment Debtor: Zuliana K. Dharsi
Court: TZHCCOMD
Jurisdiction: Tanzania
Judgment Date: 14 September 2023
Procedural Posture: Execution Proceedings / Ruling
Outcome: application struck out
Legal Topics: Execution of Decrees, Mortgagee Rights, Arrest and Detention of Judgment Debtors
Source Language: English

Civil Procedure Banking Law Execution of Decrees Mortgagee Rights Arrest and Detention of Judgment Debtors

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Parties

Exim Bank Tanzania Limited

Decree Holder

M/S Dadho Road Hauliage (T) Limited

1st Judgment Debtor

Karim Shamshudin Suleiman

2nd Judgment Debtor

Zuliana K. Dharsi

3rd Judgment Debtor

Procedural Posture

Execution Proceedings / Ruling

Legal Issues

1 Whether the decree holder is entitled to arrest and detain the judgment debtors as civil prisoners for the unsatisfied decretal sum
2 Whether the decree holder complied with legal requirements under Order XXI Rule 39(2) of the Civil Procedure Code

Ratio Decidendi

Court Disposition

application struck out