ms essaji enterprises vs ms msele store 2021 tzhc 12583 15 november 2021

ms essaji enterprises vs ms msele store 2021 tzhc 12583 15 november 2021

The lower court properly considered all relevant pleadings and information, including the list of attachable properties, and correctly refused to send the respondent to prison as a civil prisoner since other properties may be attached to satisfy the decree.

Citation
ms essaji enterprises vs ms msele store 2021 tzhc 12583 15 november 2021
Parties
Appellant: M/S Essaji Enterprises; Respondent: M/S Mselem Store
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
15 November 2021
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Attachment of Property, Civil Imprisonment, Matrimonial Property, Execution Proceedings
Source Language
English
Civil Procedure Execution of Decrees Attachment of Property Civil Imprisonment Matrimonial Property Execution Proceedings

Case Brief

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Parties

M/S Essaji Enterprises

Appellant

M/S Mselem Store

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the District Court erred in refusing to send the respondent to prison as a civil prisoner for failure to pay the decretal amount
  2. 2 Whether the District Court properly considered the relevant pleadings and facts in determining the application for civil imprisonment

Ratio Decidendi

The lower court properly considered all relevant pleadings and information, including the list of attachable properties, and correctly refused to send the respondent to prison as a civil prisoner since other properties may be attached to satisfy the decree.

Court Disposition

appeal dismissed

Orders

  • Each party to bear own costs