grand alliance ltd vs mr wilfred lucas tarimo others 2020 tzca 191 21 april 2020

grand alliance ltd vs mr wilfred lucas tarimo others 2020 tzca 191 21 april 2020

No evidence of bad faith or deliberate refusal to pay was established; the executing court properly declined to order arrest and detention of judgment-debtors and correctly directed the applicant to attach the decree in Commercial Case No. 3 of 2016 under Order XXI rule 52.

Citation
grand alliance ltd vs mr wilfred lucas tarimo others 2020 tzca 191 21 april 2020
Parties
Applicant: The Grand Alliance Limited; Respondent: Mr. Wilfred Lucas Tarimo; Respondent: Mr. Fredrick Wilfred Tarimo; Respondent: Doreen Wilfred Tarimo; Respondent: Mrs. Irene Wilfred Tarimo; Respondent: Snowcrest & Wildlife Safaris Ltd
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
21 April 2020
Procedural Posture
Civil Application for Revision / Ruling on Application for Revision
Outcome
Application dismissed with costs.
Legal Topics
Execution of Decrees, Arrest and Detention of Judgment Debtors, Attachment of Decrees, Fraudulent Transfers
Source Language
English
Civil Procedure Commercial Law Execution of Decrees Arrest and Detention of Judgment Debtors Attachment of Decrees Fraudulent Transfers

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Parties

The Grand Alliance Limited

Applicant

Mr. Wilfred Lucas Tarimo

Respondent

Mr. Fredrick Wilfred Tarimo

Respondent

Doreen Wilfred Tarimo

Respondent

Mrs. Irene Wilfred Tarimo

Respondent

Snowcrest & Wildlife Safaris Ltd

Respondent

Procedural Posture

Civil Application for Revision / Ruling on Application for Revision

Legal Issues

  1. 1 Whether the executing court improperly declined to execute an unsatisfied decree by arrest and detention of judgment debtors as civil prisoners
  2. 2 Whether the executing court erred by directing the decree holder to execute another decree in which it was not a party
  3. 3 Whether the executing court blessed fraudulent transfers and conversions by the respondents

Ratio Decidendi

No evidence of bad faith or deliberate refusal to pay was established; the executing court properly declined to order arrest and detention of judgment-debtors and correctly directed the applicant to attach the decree in Commercial Case No. 3 of 2016 under Order XXI rule 52.

Court Disposition

Application dismissed with costs.

Orders

  • Application for revision dismissed.
  • Respondents released from liability for arrest and detention as civil prisoners.