20030620 TZHC Dar es salaam

The applicant is entitled to execute the decree as it was lawfully vested in it by GN 87/2001. However, since more than one year has elapsed since the decree, notice to show cause must be issued before considering arrest and detention of the 1st respondent's directors.

Citation: 20030620 TZHC Dar es salaam
Parties: Applicant: Simu 2000 Limited; 1st Respondent: Eurafrica Mines Ltd; 2nd Respondent: Tanzania Telecommunications Company Limited
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 20 June 2003
Procedural Posture: Miscellaneous Civil Application / Ruling on Application for Leave to Execute Decree
Outcome: application allowed in part
Legal Topics: Execution of Decrees, Vesting of Decrees, Notice to Show Cause, Arrest and Detention in Execution
Source Language: English

Civil Procedure Debt Recovery Execution of Decrees Vesting of Decrees Notice to Show Cause Arrest and Detention in Execution

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Parties

Simu 2000 Limited

Applicant

Eurafrica Mines Ltd

1st Respondent

Tanzania Telecommunications Company Limited

2nd Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Application for Leave to Execute Decree

Legal Issues

1 Whether the applicant is entitled to leave to execute the decree vested in it by GN 87/2001
2 Whether the applicant is entitled to seek arrest and detention of the 1st respondent's directors without notice to show cause

Ratio Decidendi

Court Disposition

application allowed in part

Orders

Leave granted to applicant to proceed with execution of the decree.
Respondent to be served with notice to show cause under Order XXI Rule 20(a) of the Civil Procedure Code 1966 before any arrest and detention of directors.