Tanzania Case Law

SHABAN IDDI JUDGMENT

Court

TANZLII

The district court lacked jurisdiction to order the applicant's detention as a civil prisoner in execution of a primary court decree without a request from the primary court, and there was no evidence that the applicant had the means to pay and wilfully refused to do so; thus, the order for detention was set aside.

Source excerpt

• Execution of decrees
• Detention as civil prisoner
• Jurisdiction of district courts
• Burden of proof in execution proceedings

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20061020 TZHC Dar es Salaam 1

Court

TZHC

The court refused to commit a judgment debtor to civil prison, holding that the decree holder had not proved present ability to pay or refusal to pay.

• Execution of decrees
• Arrest and detention of judgment debtor
• Default in payment
• Burden of proof in execution proceedings
• Execution-of-decrees
• Judgment-debtor-arrest

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eurafrican bank t ltd vs ami travel bureau ltd another 2006 tzhc 189 20 october 2006

Court

TZHC

The High Court refused committal of a judgment debtor to civil prison for non-payment, holding the decree holder had not proved present means to pay.

• Execution of decrees
• Arrest and detention of judgment debtor
• Default in payment
• Burden of proof in execution proceedings
• Civil-procedure
• Execution-of-decrees

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