gosbert stanslaus mutaganywa vs hamis shabani kamba others 2018 tzhccomd 58 30 may 2018

gosbert stanslaus mutaganywa vs hamis shabani kamba others 2018 tzhccomd 58 30 may 2018

Judgment debtors failed to show sufficient cause under Rule 39(1) of Order XXI of the Civil Procedure Code to avoid civil imprisonment for non-payment of the decretal sum; economic hardship and preference to other creditors do not qualify as sufficient cause.

Citation
gosbert stanslaus mutaganywa vs hamis shabani kamba others 2018 tzhccomd 58 30 may 2018
Parties
Plaintiff: Gosbert Stanslaus Mutagaywa; 1st Defendant: Hamis Shabani Kamba; 2nd Defendant: Michelle Ajama Makindu; 3rd Defendant: Trends (T) Limited
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
30 May 2018
Procedural Posture
Commercial Case / Ruling on Application for Execution of Decree
Outcome
application for execution granted; order for civil imprisonment of judgment debtors unless payment is made
Legal Topics
Execution of Decree, Civil Imprisonment, Insolvency, Subsistence Allowance
Source Language
English
Civil Procedure Commercial Law Execution of Decree Civil Imprisonment Insolvency Subsistence Allowance

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Parties

Gosbert Stanslaus Mutagaywa

Plaintiff

Hamis Shabani Kamba

1st Defendant

Michelle Ajama Makindu

2nd Defendant

Trends (T) Limited

3rd Defendant

Procedural Posture

Commercial Case / Ruling on Application for Execution of Decree

Legal Issues

  1. 1 Whether judgment debtors have shown sufficient cause to avoid civil imprisonment for failure to satisfy decree
  2. 2 Whether economic hardship constitutes sufficient cause under Rule 39(1) of Order XXI of the Civil Procedure Code

Ratio Decidendi

Judgment debtors failed to show sufficient cause under Rule 39(1) of Order XXI of the Civil Procedure Code to avoid civil imprisonment for non-payment of the decretal sum; economic hardship and preference to other creditors do not qualify as sufficient cause.

Court Disposition

application for execution granted; order for civil imprisonment of judgment debtors unless payment is made

Orders

  • Hamis Shaban Kamba and Michelle Ajama Makindu to be committed to civil prison for six months unless they pay the balance of the decretal sum
  • Decree holder to pay Tshs 300,000 per month per judgment debtor as monthly subsistence allowance, payable to prison officer two days before each month