THE UNITED REPUBLIC OF TANZANIA JUDICIARY
IN THE HIGH COURT OF TANZANIA
(COMMERCIAL DIVISION)
AT MBEYA
EXECUTION NO. 10 OF 2024
SMILE BIRD.............................................................................DECREE HOLDER
VERSUS
ANGRY BIRD........................................................................JUDGEMENT DEBTOR
RULING:
BANDA, M
This is an application for execution of a decree of TZS 80,030,000/= passed by this Court in Commercial
Case no 10 of 2024, against the judgement debtor,Mr. Angry Bird. The decree holder, Smile Bird has
prayed that the decree be executed by attachment and sale of the properties of the Judgement debtor,
Mr. Angry Bird .
According to Order XXI, Rule 10(2)(j)ii of the Civil Procedure Code, Cap. 33, RE 2019 (the CPC), one of the
modes of execution of decree is attachment and sale of the judgment debtor properties. Other modes
include, arrest and detention and many others.
Mr Smile bird enjoyed the service of learned counsels Queen Mfilinge and Aron Malaki and Mr.Angery
Bird enjoyed the service of learned advocates John Fungameza and Devotha John.The Decree Holder
learned counsels prayed for the following properties of the Judgement debtor to be attached
Helicopter described as BELL 288 with registration number Z5 HCI(Serial Number 3456),
Helicopter described as BELL 468 with registration number Z5-RLC(Serial Number 5678),
Farm of 30 hectors located in Uyole Mbeya Tanzania
Mr. Angry Bird was called upon to show cause as to why his properties should not be attached and sold .
Upon appearing before the Court Mr Fungameza told the court that his client is ready to furnish the
decree but prayed to the court that the properties attached are the source of income to their client so
the Judgement debtor advocates prayed to the court to be given more time to finish the payment and
prayed for time to satisfy the decree to full payment of Tshs 764,753,998.9/= which the judgment
debtor will pay in installments.
On the foregoing reasons, the application for execution is not granted, and the Judgement debtor is
given time to satisfy the decree within the period of 6 months upon payment of Tshs 127,458,999.8/=
which shall be made on 30th of each month starting from this month.
It is so decided.
DATED at MBEYA this 8th day of July, 2024.
...................................
M.BANDA
JUDGE
08/07/2024
