MUSA SHAIBU MSANGI VS SUMRY HIGH CLASS LTD COMM CASE NO

MUSA SHAIBU MSANGI VS SUMRY HIGH CLASS LTD COMM CASE NO

Although the applicant is entitled to execution by arrest and detention of the managing director, the actual carrying out of the order must await the outcome of the pending appeal to avoid prejudicing the judgment debtor's rights.

Citation
MUSA SHAIBU MSANGI VS SUMRY HIGH CLASS LTD COMM CASE NO
Parties
Applicant: Musa Shaibu Msangi; Respondent: Sumry High Class Limited; Respondent: Sumry Bus Service Limited
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2012
Procedural Posture
Commercial Case / Ruling on Application for Execution of Decree by Arrest and Detention
Outcome
Conditional order for execution granted; execution to await outcome of pending appeal.
Legal Topics
Execution of Decrees, Lifting Corporate Veil, Stay of Execution, Arrest and Detention of Judgment Debtor
Source Language
English
Civil Procedure Commercial Law Execution of Decrees Lifting Corporate Veil Stay of Execution Arrest and Detention of Judgment Debtor

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Parties

Musa Shaibu Msangi

Applicant

Sumry High Class Limited

Respondent

Sumry Bus Service Limited

Respondent

Procedural Posture

Commercial Case / Ruling on Application for Execution of Decree by Arrest and Detention

Legal Issues

  1. 1 Whether execution of decree by arrest and detention of managing director should proceed pending appeal and revision
  2. 2 Whether absence of stay order permits execution despite pending appeal

Ratio Decidendi

Although the applicant is entitled to execution by arrest and detention of the managing director, the actual carrying out of the order must await the outcome of the pending appeal to avoid prejudicing the judgment debtor's rights.

Court Disposition

Conditional order for execution granted; execution to await outcome of pending appeal.

Orders

  • Order for execution by arrest and detention of Mr. Hamoud Mohamed Sumry as managing director of judgment debtors granted, subject to outcome of Civil Appeal No. 14 of 2015.
  • Decree holder to pay Tshs. 5,000 per day for five days as subsistence allowance before arrest.