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Tanzania decisions
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The High Court lifted the corporate veil of the respondent company and held its managing director personally liable for a neglected decretal debt.
The applicant provided sufficient documentary evidence of a long-term, serious illness (cervical spondylosis) requiring specialized treatment unavailable in prison. The respondent failed to rebut the authenticity or relevance of the medical evidence. Section 47(3)(b) of the Civil Procedure Code empowers the court to order release of a civil prisoner on grounds of serious illness, and the applicant met this threshold. The court found the illness serious and the application meritorious, ordering immediate release.
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The applicants failed to establish that the respondents transferred, concealed, or removed property, or committed acts of bad faith to obstruct execution of the decree. Mere non-payment is insufficient to warrant lifting the corporate veil or ordering arrest and detention as civil prisoners. No convincing grounds were advanced to justify the orders sought.
Source excerpt
The applicant failed to provide sufficient evidence of inability to pay beyond her own statements and did not undertake to pay the decreed sum. The High Court's order for arrest and detention as a civil prisoner was justified under Order XXI Rule 39(1) and (2) of the Civil Procedure Code. The grounds of improper construction, misquotation, and denial of fair hearing were unfounded.
Source excerpt
The judgment debtor's director failed to provide justifiable reasons for non-payment of the decretal amount, having defaulted since 2016 and made unfulfilled promises. The court found the conduct dishonest and fraudulent, warranting committal to civil prison unless the decretal amount is paid within 14 days.
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The High Court dismissed a bank’s objection to a garnishee order nisi, holding it had not shown a pre-existing interest in the attached account.
The High Court granted ex parte enforcement of a land decree by ordering arrest and detention of the 2nd respondent unless TZS 70,000,000 was paid within 14 days.
The court found that the Judgment Debtor was properly served but failed to appear or pay the decretal amount, and that normal execution had failed due to inability to trace the debtor's property. Therefore, the requirements for arrest and detention as a civil prisoner under Order XXI Rule 35 (1) and (2) were satisfied.
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The High Court allowed a second appeal over attachment of household goods, holding that some items were exempt and others were not shown to be solely the debtor’s property.
The High Court granted a decree holder’s application for execution by attachment and sale of the judgment debtors’ listed properties after finding the decree unsatisfied.
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