Princess Shabaha Co Ltd versus NIC Bank Tanzania Ltd; Commercial Case No 94 of 2015: High Court of Tanzania (Commercial Division) at Dar es Salam (Unreported).
- Civil Procedure
- Execution – execution of a decree by arrest and sending to civil prison while there is a pending appeal – whether it can be granted.
Held:-
A decree holder in which there is a pending appeal has the right to commerce the execution proceedings for instance to identify the properties of the judgment debtor which are liable for attachment and sale and probably the court broker who will carry out the order. Where the mode of execution chosen is by arrest and sending to prison of the judgment debtor’s director, it is just convenient that the person ought to be arrested is identified and order for his arrest is in place. In the event the intended appeal or application is decided in Appellant’s favour, the order for arrest of the judgment debtor or any person liable for arrest will die a natural death. However, in the event the appeal or any other pending proceedings are unsuccessfully, then the order will be carried out unless he sooner pays the decretal sum.