ST.

AUGUSTINE UNIVERSITY OF TANZANIA

SCHOOL OF LAW

2nd SEMESTER

2023-2024 Academic Year

TEST II

Programme: Bachelor of Laws (LLB)

Course: Civil Procedure II

Course Code: SLW221

Date: 24th & 25th June, 2024

Venue: M13 & M15

Time Allowed: 40 minutes

Instructions to Candidates:

1. This examination consists of TWO questions which carry 20 Marks each.

2. Answer either of the TWO questions.

3. The examination is partial open. Students may refer to CLEAN and UNANNOTATED copy of any

material of their choice. TAKE NOTE THAT Lecture Notes, Smart Phones and Smart watches

are STRICTLY PROHIBITED into the examination room.

4. Candidates are urged to be brief.

1. SUNCHE sued KAPETO for Defamation before the Resident Magistrates Court of
Mwanza at Mwanza. The Honorable Court granted all reliefs as prayed. Thereafter
SUNCHE decided to execute the decree so as to be paid a total of Twenty Million
Tanzanian Shillings (Tshs. 20,000,000/=). When the Auction was conducted CHEYO
emerged the highest Bidder. However, the said CHEYO only paid 25% of the costs and it
is a month now he hasn’t paid the remaining amount. Advice SUNCHE on the way
forward.

2. SUNCHE sued KAPETO for Defamation before the Resident Magistrates Court of
Mwanza. The Court granted all reliefs as prayed. SUNCHE decided to execute the decree
thereof seeking for an attachment and sale of motor vehicle with registration no. T999
CEM. Surprisingly, KAPETO has emerged again and filed an application for objection
proceedings, an application that is still pending in court. Advice SUNCHE on the way
forward

3. SUNCHE sued KAPETO for Defamation before the Resident Magistrates Court of
Mwanza. The Court granted all reliefs as prayed. SUNCHE decided to execute the decree
thereof as a result of which the Court issued an attachment order for motor vehicle with
registration no. T999 CEM, property of KAPETO. On the same date KAPETO sold the
attached property to CHEYO. Advice SUNCHE on the way forward

4. SUNCHE sued KAPETO for Defamation before the Resident Magistrates Court of
Mwanza. The Court granted all reliefs as prayed. SUNCHE decided to execute the decree
thereof as a result of which the Court issued a garnishee Order nisi against KAPETO’s
Bank Account. However, as KAPETO went to the bank to withdrawal two million for his
daughter school fees, the manager informed him that even though His bank balance
exceeds the decretal sum still he is not allowed to draw any money until he pays
SUNCHE. Advice KAPETO on the way forward

5. SUNCHE sued KAPETO for Defamation before the Resident Magistrates Court of
Mwanza. The Court granted all reliefs as prayed. SUNCHE decided to execute the decree
thereof as a result of which a motor vehicle with registration no. T999 CEM was
attached. Thereafter, CHEYO emerged and claimed the Car to be his, an application that
is denied by the court. Advice CHEYO on the way forward

6. SUNCHE sued KAPETO for Defamation before the Resident Magistrates Court of
Mwanza. The Court granted all reliefs as prayed. SUNCHE decided to execute the decree
 thereof. He unsuccessfully attached KAPETO properties. Believing that KAPETO has
money but he doesn’t want to pay him SUCHE has now decided to execute the decree
by asking for arrest and detention of KAPETO but he is unaware of the procedure to be
followed. Advice SUNCHE on the way forward

7. SUNCHE sued KAPETO for Defamation before the Resident Magistrates Court of
Mwanza. The Court dismissed the suit with costs. Then, SUCHE appealed to the High
Court of Tanzania at Mwanza which held that the Resident Magistrate Court of Mwanza
had erred in law for denying SUNCHE of his rights. The same High Court granted all
reliefs. Advice SUNCHE on where to file his application for execution

8. SUNCHE sued KAPETO for Defamation before the Resident Magistrates Court of
Mwanza. The Court granted all reliefs as prayed. KAPETO was aggrieved and he has
appealed to the High Court of Tanzania, Mwanza Sub registry. Knowing that an appeal is
not a bar to execution SUNCHE decided to execute the decree by seeking attachment
and sale of motor vehicle with registration no. T999 CEM an application that is still
pending in court. Advice KAPETO on the way forward

9. SUNCHE instituted the suit for breach of contract against the ministry of work. He also joined
the Attorney general as the 2nd defendant. In its decision dated 4th January, 2020 the High Court
of Tanzania at Dodoma granted all prayers. SUNCHE is now before you on how he can proceed
with execution against the judgment debtors. Kindly advice on the way forward

10. SUNCHE and KAPETO are Tanzanians who trades in Tanzania and in Uganda. Sometimes in
2023 a dispute arose as a result of which SUNCHE sued KAPETO before the High Court of
Uganda in Kampala. In its decision dated 4 th January 2024 the said court granted all prayers.
SUNCHE is now before you for advice as to how he can execute the said decision against
KAPETO in Tanzania. Kindly advice on the way forward

11. SUNCHE sued KAPETO before the Resident Magistrates Court of Mwanza. The Court
granted all reliefs as prayed. SUNCHE decided to file an application for execution
seeking an attachment of a motor vehicle with registration no. 999 CEM. The court
issued an attachment order. Someone CHEYO appeared and filed Objection
Proceedings, an application that has been struck out by the court for wrong citation.
Advice CHEYO on the way forward

12. SUNCHE sued KAPETO before the Resident Magistrates Court of Mwanza. The Court
granted all reliefs as prayed. SMG was appointed as the court broker as a result of which
 Motor vehicle with registration no. 999 CEM was sold by public auction. The highest
bidder was CHEYO. Later CHEYO discovered that the car did not belong to KAPETO but
MOSSES. Advice CHEYO on the way forward

13. SUNCHE sued KAPETO for Defamation before the Resident Magistrates Court of
Mwanza. The Court granted all reliefs as prayed. SUNCHE decided to file an application
for execution. Before it is determined KAPETO filed an application for objection
proceedings, an application that has been struck out by the court. Advice KAPETO on
the way forward

14. SUNCHE sued KAPETO for Defamation before the Resident Magistrates Court of
Mwanza. The Court granted all reliefs as prayed. SMG was appointed as the court
broker. However, instead of auctioning KAPETO’S house attached he sold his different
house. Advice KAPETO on the way forward