mbega farm co ltd vs crdb bank plc 2018 tzhccomd 10 7 february 2018

The reasons advanced by the judgment debtors do not constitute sufficient cause to prevent arrest and detention. No evidence was provided to support the claim regarding Amana Bank, and the death of a director does not impede execution as the company continues to operate.

Source-derived case information.

Citation: mbega farm co ltd vs crdb bank plc 2018 tzhccomd 10 7 february 2018
Parties: Plaintiff: Mbega Farm Company Limited; Defendant: CRDB Bank PLC
Court: TZHCCOMD
Jurisdiction: Tanzania
Judgment Date: 7 February 2018
Procedural Posture: Commercial Case / Execution Application (arrest and Detention of Directors)
Outcome: Conditional order for arrest and production before court for hearing.
Legal Topics: Execution of Decree, Arrest and Detention of Judgment Debtor, Burden of Proof
Source Language: english

Civil Procedure Commercial Law Execution of Decree Arrest and Detention of Judgment Debtor Burden of Proof

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Full judgment text Downloadable case file Legal principles 1 Authorities cited 3 Party arguments 2 Amounts and remedies 2

Parties

Mbega Farm Company Limited

Plaintiff

CRDB Bank PLC

Defendant

Procedural Posture

Commercial Case / Execution Application (arrest and Detention of Directors)

Legal Issues

1 Whether sufficient cause exists to prevent arrest and detention of the judgment debtor's directors for non-payment of decretal sum

Ratio Decidendi

Court Disposition

Conditional order for arrest and production before court for hearing.

Orders

Arrest warrants to be issued against Malik Salmin Nahdi and Khalid Salmin Nahdi to bring them before the court for personal hearing on committal to prison.
Decree holder to pay Tshs 50,000 for each cited person as subsistence allowance from arrest until brought to court.

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