Humoud Mohamed Sumry versus Mussa Shaibu Msangi and 2 others

Humoud Mohamed Sumry versus Mussa Shaibu Msangi and 2 others; Civil Appeal No 257 of 2015 Court of Appeal of Tanzania at Dar es Salaam (Unreported).

• Civil Procedure

• Execution – application for arrest and detention as civil prisoner the directors of a company which is the judgment debtor-whether proper.

Held:-

(i) Unveiling of the corporate personality is among the modes of the decree holder realizing the amount of the decree. That is one mode of execution allowed under Order XXI Rule 10 of the Civil Procedure Code (CAP 33 R.E 2002).

(ii) When the director(s) of the judgment debtor’s company conceals the assets of the Company, it is a proper case in which the principle of lifting the veil of incorporation can apply. (Cited Yusuph Manji v. Edward Masanja and Abdallah Juma (2006) T.L.R.127).