35
The respondent failed to show sufficient cause to avoid arrest and detention as a civil prisoner, having not paid the decretal sum for three years and offering an unreasonable instalment plan, which evidences bad faith.
Source-derived case information.
- Citation
- 35
- Parties
- Applicant: Flano Gideon Mambo; Respondent: Gerald Lunkombe
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 20 May 2024
- Procedural Posture
- Miscellaneous Civil Application / Ruling on Application for Execution
- Outcome
- application granted
- Legal Topics
- Execution of Decree, Arrest and Detention of Judgment Debtor, Subsistence Allowance, Bad Faith in Payment
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Flano Gideon Mambo
Applicant
Gerald Lunkombe
Respondent
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Execution
Legal Issues
- 1 Whether the applicant exhausted all modes of execution before seeking arrest and detention of the judgment debtor
- 2 Whether the respondent showed sufficient cause to avoid arrest and detention as a civil prisoner
- 3 Whether the respondent's offer to pay by instalments constitutes bad faith
Ratio Decidendi
The respondent failed to show sufficient cause to avoid arrest and detention as a civil prisoner, having not paid the decretal sum for three years and offering an unreasonable instalment plan, which evidences bad faith.
Court Disposition
application granted
Orders
- Respondent given six months to pay decretal sum in Civil Case No. 5 of 2017.
- Upon expiry without payment, respondent to be arrested and detained as civil prisoner for six months.
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