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High Court granted an execution application and ordered civil detention of two judgment debtors unless TZS 40 million and a backhoe were delivered within 14 days.
The application for arrest and detention of the judgment debtor as a civil prisoner was dismissed because the decree holder failed to demonstrate that other modes of execution had been exhausted and did not establish the conditions required under Order XXI Rule 39(2) of the Civil Procedure Code.
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The respondent failed to show sufficient cause to avoid arrest and detention as a civil prisoner, having not paid the decretal sum for three years and offering an unreasonable instalment plan, which evidences bad faith.
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The decree holder failed to provide evidence of bad faith by the judgment debtor; mere failure to pay is insufficient for arrest and detention under the law.
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The decree holders failed to establish evidence that the judgment debtor had means and bad faith to pay the debt, and the execution proceedings violated principles of natural justice by denying the applicant fair hearing.
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The High Court refused to commit the judgment debtor to civil prison, holding that bankruptcy and medical evidence showed sufficient cause against detention.
The judgment debtor failed to appear and has evaded execution of the decree; therefore, under Order XXI Rule 35(2) of the Civil Procedure Code, the court is empowered to order his arrest and detention as a civil prisoner.
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High Court revision on execution of a decree. The court held the decree holder could pursue an alternative mode of execution after the original mode became ineffectual.
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.
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Unless the judgment debtor pays the decretal sum of Tshs. 13,526,000/= within 30 days, he shall be detained in civil prison for six months in execution of the decree.
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