firmin aul maliwa vs tanzania zambia railway authority 2003 tzhc 47 9 january 2003
The court held that the judgment debtor must pay the decretal amount in four equal monthly instalments, failing which its three officers will be committed to civil prison until payment is made.
Source-derived case information.
- Citation
- firmin aul maliwa vs tanzania zambia railway authority 2003 tzhc 47 9 january 2003
- Parties
- Applicant: Firmin Paul M. Silva (t/a Pentagon Trading Agency); Respondent: Tanzania Zambia Railway Authority
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 9 January 2003
- Procedural Posture
- Civil Case / Execution Application
- Outcome
- Application allowed in part
- Legal Topics
- Execution of Decree, Civil Imprisonment, Payment of Decretal Amount
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Firmin Paul M. Silva (t/a Pentagon Trading Agency)
Applicant
Tanzania Zambia Railway Authority
Respondent
Procedural Posture
Civil Case / Execution Application
Legal Issues
- 1 Whether the judgment debtor should be committed to civil prison for failure to pay the decretal amount
- 2 Whether the judgment debtor is unable or unwilling to pay the decretal amount
Ratio Decidendi
The court held that the judgment debtor must pay the decretal amount in four equal monthly instalments, failing which its three officers will be committed to civil prison until payment is made.
Court Disposition
Application allowed in part
Orders
- Judgment debtor to pay decretal amount in four equal monthly instalments from 13/01/2003
- Failure to pay will result in arrest and civil imprisonment of the Managing Director, Director of Finance, and Corporation Secretary for six months or until payment
Full Case Text
Judgment text and source record
1 paragraphs
IN THE HIGli C- tPT pip ^ -r-r? ' 0F TANZANIA SALAA M CIVIL CASS NO. 3^9 of 2000 FIRMIN AUL M,-J?IIvA (t/a pentagon trading Agency) ... VERSUS --APPtECAin. TANZANIA. ZAMBIA BAIUIAI AOTHQRTW AUTHORITY....RESPONDENT o..B D E B In ®x©cn L- < • « « . h o M 6 r prays adTocat° for the the Judgment - debtor to civ'l con® u t three officers of — for fa ilu r e to ^ - - — or for M y period Iheap„ j ; < , r e t a i M M m t t ° t^ - o Utth_ ^ od application has been m ^ Sule 3 9 ( 1 ) of th oi ' ln ter«= of Order 2 1 -l' « m Code V )6 f, „ — Uon ^ of a e .ud3ment ■ .r • ^ e d lity of the - ■ * * « has t o M tufe cot; ; “*•— ^ ^ thS - — or-c inability to" OU‘ ^ Pr°0f ooostraante. Oo the other hM1d Br L m ■ ^ “ d“e *° « - t the decree - holder « * ^ " - a ™ ■ r xs Prepared to be pa±* • *— « * . *t«rttog ^ 13 / 0 1/ 2 0 0 3 failure f “ ^ — aonmitting the three otticers ^ * * * * • °rder °f > bsolute. thS ‘ * <•*„ to Civil prlsOT X have car« ull, „ „ the _ ^ 5w r s th at H a s , o f »!>• p a rtie s and <x) That the judgment - debtor pay the decretal amount in four equal instalments monthly w.e.f 1 3/#l/2003- failure of which its three officers, namely the Managing Director, the Director of Finance and the Corporation Secretary be arrested and committed to civil prison for six months or such period until the decretal amount is fully paid. (ii) She judgment debtor pay T. Sh. 10,000,000/= to-day towards the settlement of the decree. (lii) costs of to this application in favour of the applicant/decree holder. Order accordingly. S o Ihema JBDG3 09.01 „2003 Court Payment of T.Sh 10335.000/= vide Cheque No 67-15 -33 of Sth 2003; drawn in favour of Pentagon TriliAg " Agency has been made to-day 9th January, '2003. S" ' f'ltt - S. IHEML; JUDGE .