ruth jerdonek vs joseph samwel sanare samwel joseph sanare 2022 tzhc 15268 13 december 2022

ruth jerdonek vs joseph samwel sanare samwel joseph sanare 2022 tzhc 15268 13 december 2022

The affidavit is valid as the advocate had personal knowledge; attachment of judgment and decree is not mandatory; Respondent exhibited bad faith by selling properties subject to attachment and neglecting to pay the decretal sum for over nine years; conditions for arrest and detention as civil prisoner under Order...

Source-derived case information.

Citation
ruth jerdonek vs joseph samwel sanare samwel joseph sanare 2022 tzhc 15268 13 december 2022
Parties
Applicant: Ruth Jerdonek; Respondent: Joseph Samwel Sanare @ Samwel Joseph Sanare
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
13 December 2022
Procedural Posture
Misc. Civil Application / Ruling on Application for Arrest and Detention of Judgment Debtor as Civil Prisoner
Outcome
Application allowed
Legal Topics
Arrest and Detention of Judgment Debtor, Execution of Decree, Affidavit Requirements, Bad Faith in Execution, Bankruptcy as Defense
Source Language
english
Civil Procedure Execution of Judgments Arrest and Detention of Judgment Debtor Execution of Decree Affidavit Requirements Bad Faith in Execution Bankruptcy as Defense

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Parties

Ruth Jerdonek

Applicant

Joseph Samwel Sanare @ Samwel Joseph Sanare

Respondent

Procedural Posture

Misc. Civil Application / Ruling on Application for Arrest and Detention of Judgment Debtor as Civil Prisoner

Legal Issues

  1. 1 Whether the affidavit supporting the application is defective for failure to disclose source of information
  2. 2 Whether failure to attach judgment and decree renders the application incompetent
  3. 3 Whether conditions for arrest and detention of judgment debtor as civil prisoner are satisfied

Ratio Decidendi

The affidavit is valid as the advocate had personal knowledge; attachment of judgment and decree is not mandatory; Respondent exhibited bad faith by selling properties subject to attachment and neglecting to pay the decretal sum for over nine years; conditions for arrest and detention as civil prisoner under Order XXI Rule 39(2) are satisfied.

Court Disposition

Application allowed

Orders

  • Unless the decretal amount is paid within three months from the date of order, Respondent shall be detained in prison for six months in execution of the decree in Civil Case No. 8 of 2010.
  • Applicant to pay TZS 300,000 per month for Respondent's upkeep while in prison.