VINA HOTELS LTD VS KR LINKS TRAVEL TOURS CO

VINA HOTELS LTD VS KR LINKS TRAVEL TOURS CO

The 4th and 5th judgment debtors have satisfied the decree in full and are not liable for further execution; the 2nd and 3rd judgment debtors failed to show acceptable cause for non-payment and are subject to civil imprisonment or further execution.

Citation
VINA HOTELS LTD VS KR LINKS TRAVEL TOURS CO
Parties
Applicant: Vina Hotels Limited; 1st Judgment Debtor: KR Links Travel & Tours Company Ltd; 2nd Judgment Debtor: Rogatus Rwehumbiza Rwamlem; 3rd Judgment Debtor: Yusufu Makori Kisare; 4th Judgment Debtor: Kizito Andrew Kampunga; 5th Judgment Debtor: Machage Albinus Kisyeri
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2020
Procedural Posture
Execution Proceedings / Ruling
Outcome
Partial grant of execution application; 2nd judgment debtor committed to prison; 4th and 5th judgment debtors released from liability; decree holder to proceed against legal representatives of deceased 3rd judgment debtor.
Legal Topics
Execution of Decree, Civil Imprisonment, Satisfaction of Decree
Source Language
English
Civil Procedure Commercial Law Execution of Decree Civil Imprisonment Satisfaction of Decree

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Parties

Vina Hotels Limited

Applicant

KR Links Travel & Tours Company Ltd

1st Judgment Debtor

Rogatus Rwehumbiza Rwamlem

2nd Judgment Debtor

Yusufu Makori Kisare

3rd Judgment Debtor

Kizito Andrew Kampunga

4th Judgment Debtor

Machage Albinus Kisyeri

5th Judgment Debtor

Procedural Posture

Execution Proceedings / Ruling

Legal Issues

  1. 1 Whether the 2nd and 3rd judgment debtors have satisfied the decree
  2. 2 Whether the 2nd and 3rd judgment debtors should be committed to prison as civil prisoners for failure to pay the decretal sum

Ratio Decidendi

The 4th and 5th judgment debtors have satisfied the decree in full and are not liable for further execution; the 2nd and 3rd judgment debtors failed to show acceptable cause for non-payment and are subject to civil imprisonment or further execution.

Court Disposition

Partial grant of execution application; 2nd judgment debtor committed to prison; 4th and 5th judgment debtors released from liability; decree holder to proceed against legal representatives of deceased 3rd judgment debtor.

Orders

  • 2nd judgment debtor committed to prison as civil prisoner for six months, subject to payment of subsistence allowance of TZS 300,000 per month.
  • 4th and 5th judgment debtors released from execution as they have satisfied the decree.