Application for Execution in Tanzania Forms and Overview

Execution is the important legal process for enforcing your legal rights. 

It is initiated through a formal application that is done in a prescribed form. 

Here I will share with you execution forms which are used in courts and in district land and housing tribunal in Tanzania mainland. 

But before that let us have an important ABC's in nutshell as far as execution is concerned.

Meaning of Execution

Execution can simply mean a legal process of enforcing a judgment or ruling of the court or tribunal.



Laws Govern Execution in Tanzania

The law which govern execution issues in courts and district land and housing tribunal in Tanzania mainland are
  • Civil procedure Code CAP 33 R.E 2002 from 31-55 and Order XXI and O. XXXIX R. 1-8 (CPC)
  • Land Disputes Courts (The District Land and Housing Tribunal) Regulations, 2003 Reg. 23-32


 
What’s capable of Being Executed?

According to section 31 of CPC it is decree or order which is capable of being executed

Section 3 of CPC  defines decree as
a formal expression of an adjudication which conclusively determines rights of the parties with regard to the controversy between the parties and order as f formal expression of any decision of a civil court which is not a decree.

In the case of East Africa Development Bank vs. Blue Line Enterprises (Civil Application No. 57 of 2004) Court of Appeal of Tanzania explained that 

decision capable of being executed should be one that has given rights to the party seeking to execute

Competent Courts to Apply For Execution

  • Court which passed the decree
  • Court to which decree sent for execution


Read section 33 and 34 of CPC for more information on this.

Mode of Application for Execution

  • Must be in writing
  • Must be made by decree-holder /judgment creditor i.e. a person to whom the judgment or order was given in his/her favor.
  • To Judgment Debtor (vice versa of judgment creditor)


Application Form for execution

(Order XXI RULE 9 and 10 of CPC)
  • Must be signed and verified at the foot by the applicant or a person acquainted with the facts of the case
  • Be accompanied by the copy of the decree in case of a judgment or drawn order in case of the ruling.
  • Shall contain in a tabular form the following particulars, namely–


(a) The number of the suit;



(b) The names of the parties;

(c) The date of the decree;

(d) Whether any appeal has been preferred from the decree;

(e) Whether any, and (if any) what, payment or other adjustments of the matter in controversy has been made between the parties subsequently to the decree;

(f) Whether any, and (if any) what, previous applications have been made for the execution of the decree, the dates of such applications and their results;

(g) The amount with interest (if any) due upon the decree or other relief granted thereby, together with particulars of any cross-decree, whether passed before or after the date
Of the decree sought to be executed;

(h) The amount of the costs (if any) awarded;

(i) The name of the person against whom the execution of the decree is sought; and

(j) The mode in which the assistance of the court is required, whether–

(i) By the delivery of any property specifically decreed;

(ii) By the attachment and sale, or by the sale without attachment, of any property;

(iii) by the arrest and detention in prison of any person;

(iv) by the appointment of a receiver; or

(v) Otherwise, as the nature of the relief granted may require.

Now see the forms below.

 No.1 Execution form used in District Land and Housing Tribunal
  
GN No. 174 Published on 27/6/2003
                                                                                                               Form No. 3.

IN  THE  DISTRICT LAND AND HOUSING TRIBUNAL

FOR ………………………………………………………………………………

AT ……………………………………………………….………………………..

APPLICATION   NO. ………………………….. OF ……………………………

…………………………………………………………….  DECREE  HOLDER

VERSUS
…………………………………………………………….  JUDGMENT  DEBTOR

APPLICATION   FOR  EXECUTION



1.   I …………………………………………… being the decree-holder in the above application, hereby apply for the execution of the decree/order.

2.   The decretal sum is Tshs..…………………………………………………………

…………………………………………………………………..………..….……

3.   The decree/order made the following other awards (which are not monetary):

……………………….……………………………………………………………

…………………………………………………………………………………….

……………………….……………………………………………………………

…………………………………………………………………………………….

……………………….……………………………………………………………

…………………………………………………………………………………….

……………………….……………………………………………………………

…………………………………………………………………………………….

……………………….……………………………………………………………

                                                                                                                 

4.   I apply for the execution of the decree in the following mode/manner.

…………………………………………………………………………………….
……………………….……………………………………………………………
…………………………………………………………………………………….
……………………….……………………………………………………………
…………………………………………………………………………………….
……………………….……………………………………………………………
…………………………………………………………………………………….
……………………….……………………………………………………………
…………………………………………………………………………………….
……………………….……………………………………………………………
…………………………………………………………………………………….

                ( Signed ) ………………..………………………
                                         DECREE  HOLDER


5.   Fee paid Tshs.…………………. ERV. No. ………….. date………....…………..


6.   Presented for filing this ………………… day of ……….………… 201.….……. 



      …………………………..………………………..
         TRIBUNAL  CLERK


                                   


No.2 Execution form used in District court, Resident Magistrate Court and High Court.



Application for the execution of decree (0.21, r 11)                                 Form No. C.C. 10

IN THE  UNITED  REPUBLIC  OF  TANZANIA
In the District Court of ………………
At……………….

CIVIL CASE NO……. OF………………

……………………………………… .…………….. Plaintiff/Decree Holder
Versus
.…………….…………………………….……. Defendants /Judgment Debtor


I,………………………… the decree-holder, hereby apply for execution of the decree herein as set forth below

Date of  Decree: -………………

Whether any appeal preferred from decree:-……………

Payment of adjustment, if any:………………………

Previous application, if any, with date and result:- ………………………………………..



          Shs.

Amount with interest due upon
the decree or other relief granted thereby together with particulars of any cross decree:-



Amount of costs, if any warded:-
Principal  ….   ……   ….  ….   
Interest at 36 %    
Less subsequent payment  ……
Less amount of cross decree, if any
Total or balance .…  …..   …… …..
Costs, as in the Decree …   ….  .…
Costs, subsequently incurred
               TOTAL
      




Against whom to be executed:- ……………………………………(J/Debtor)



The mode in which the assistance of the Court is required:-  …………………………………

I,………………………………the decree-holder hereby declare that what is stated herein is true to the best of our knowledge and belief.

Dated this …….……………. day of ………………..………………… 20…




                                                                                    ……..……………………………………
                                                                                                     Decree-Holder


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