ARREST AND DETENTION IN EXECUTION OF A DECREE IN TANZANIA: SALIENT ISSUES, LAW AND PRACTICE
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Keywords:
Civil Procedure and Practice, Execution of a Decree, Arrest and Detention, Civil PrisonerAbstract
Arrest and detention as a civil prisoner remain one of the modes through which a judgement of the court may be executed in Tanzania. However, the practices pertaining in different courts and the same registry are inconsistent and uncommon. Detention of a person in prison, takes away that person’s liberty which is recognised by the constitution of the United Republic of Tanzania. The insistency in the application of the law present undesirable practice in the administration of justice and poses a danger of abuse in the application. Given its sensitivity the rules of procedure applicable in the process should be strictly complied, the consequences that are associated, a proper and guided application of the law is indispensable.
Learning from experiences in similar jurisdictions, the law in Tanzania seems to be wanting in some crucial aspects. The paper notes use of discretionary powers in the process which are subtle to abuse. Using comparative methods from other jurisdictions, the work recommends that for a proper functioning and transparent civil justice which is in consonant with the rule of law, reforms in both the law and practice related to the arrest and detention in the execution of a decree are indispensable.
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