mustaquim murtaza darugar na wanzagi selemani makongoro na wenzake 2 2022 tzhcld 802 12 agosti 2022

mustaquim murtaza darugar na wanzagi selemani makongoro na wenzake 2 2022 tzhcld 802 12 agosti 2022

Applicant remains liable as judgment debtor for the arbitral award since BRELA records and court findings confirm his status as director/shareholder at the relevant time; the registrar's order for imprisonment cannot be enforced due to respondent's inability to pay prison costs; court order for imprisonment is set...

Source-derived case information.

Citation
mustaquim murtaza darugar na wanzagi selemani makongoro na wenzake 2 2022 tzhcld 802 12 agosti 2022
Parties
Applicant: Mustaquim Murtaza Darugar; Respondent: Wanzagi Selemani Makongoro; Respondent: First Observer Security Ltd; Respondent: YONO Auction Mart & Co. Ltd
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2022
Procedural Posture
Labour Revision / Final Judgment
Outcome
application allowed in part
Legal Topics
Execution of Arbitral Awards, Director Liability, Judgment Debtor Identification
Source Language
en
Labour Law Civil Procedure Execution of Arbitral Awards Director Liability Judgment Debtor Identification

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Parties

Mustaquim Murtaza Darugar

Applicant

Wanzagi Selemani Makongoro

Respondent

First Observer Security Ltd

Respondent

YONO Auction Mart & Co. Ltd

Respondent

Procedural Posture

Labour Revision / Final Judgment

  1. 1 Whether the applicant is liable as a director/shareholder for the arbitral award debt
  2. 2 Whether the registrar's order for imprisonment of the applicant as a judgment debtor is enforceable
  3. 3 Whether the applicant ceased to be a director/shareholder before the award was issued

Ratio Decidendi

Applicant remains liable as judgment debtor for the arbitral award since BRELA records and court findings confirm his status as director/shareholder at the relevant time; the registrar's order for imprisonment cannot be enforced due to respondent's inability to pay prison costs; court order for imprisonment is set aside as unenforceable.

Court Disposition

application allowed in part

Orders

  • Order for imprisonment of applicant as judgment debtor set aside as unenforceable.
  • Applicant remains liable for payment of award debt; execution to proceed by lawful means if respondent fulfills statutory requirements.