CIVIL PRISON APPLICATION KAFUMU

IN THE DISTRICT COURT OF NYAMAGANA DISTRICT
AT MWANZA.
MISC. CIVIL APPLICATION NO............. OF 2024

(Arising from Civil case No. 122 of 2024, from Nyamagana Urban Primary
Court, at Nyamagana, before Hon. Mariam R. Omar, PCM)
PAULO KAFUMU …....…................................................

APPLICANT/D/HOLDER
VERSUS
MAUZA NYAKILANGANYI .........................................

RESPONDENT/J/DEBTOR
CHAMBER SUMMONS.
(Made under Rule 4 of the Fourth Schedule of the Magistrate’s
Court, [CAP 11 R.E 2019], and any other enabling provisions of the
law)
LET ALL THE PARTIES CONCERNED appear before the Honourable

Resident Magistrate ……………………….sitting in Chambers No………on
the……………………day of……………..2024, at 8:30 O’clock in the forenoon or
soon thereafter when the applicant shall be heard on an application for the
following Orders;
1. That, this Honourable Court be pleased to order the respondent

(MAUZA NYAKILANGANYI, the judgment debtor, to show cause as
to why should not be committed to prison as a civil prisoner for failure
to pay the outstanding debt to the tune of Tshs. 3,144,260/= being
part of the decreed sum in Civil case No. 122 of 2023.
2. That, in the alternative, this court be pleased to issue an order for
warrant of arrest and detaining the judgment debtor as a Civil
Prisoner in respect of the Civil Case arising from Civil case No. 122 of
2023.
3. That, costs of this application be provided for.
4. Any other relief (s) as this honourable court deems fit and just to
grant.
This chamber application is supported by the grounds set out in the affidavit
of PAULO KAFUMU which is attached herewith together with other grounds
to be adduced during the hearing.
GIVEN under my HAND and SEAL of the Court this ……. day of ….…………..,
2024
…………………………………….…….……………
RESIDENT MAGISTRATE - INCHARGE
Presented for filling this ………………………… day of………….…………………….

………, 2024
…………………....………..
REGISTRY OFFICER
DRAWN AND FILED BY:-

Fabian Kulwa (Advocate).
Happy & Associates Law Chambers
CCM Regional Building,
Makongoro Road,
2nd Floor, Right Wing, Room No. 54
P.o Box 1786
MWANZA REGION.
Mob. No. 0784 841246
Email: fabian.kulwa @ yahoo.com
PARTICULARS OF THE APPLICANT:-

The Applicant,
PAULO KAFUMU,
Bunda District,
Mara Region.
Mob. 0784455 559
COPY TO BE SERVED UPON:-

The Respondent,
MAUZA NYAKILANGANYI,
Kishiri area,
Nyamagana District,
Mwanza Region.
Mobile: 0658 238817.
IN THE DISTRICT COURT OF NYAMAGANA DISTRICT
AT MWANZA.
MISC. CIVIL APPLICATION NO............. OF 2024

(Arising from Civil case No. 122 of 2024, from Nyamagana Urban Primary
Court, at Nyamagana, before Hon. Mariam R. Omar, PCM)
PAULO KAFUMU …....…................................................

APPLICANT/D/HOLDER
VERSUS
MAUZA NYAKILANGANYI .........................................

RESPONDENT/J/DEBTOR
AFFIDAVIT
I, PAULO KAFUMU, an adult person, male, Christian and resident of Bunda
District in Mara Region, do hereby SWEAR and state as follows:-
1. That, I’m the Applicant in this instant application, hence conversant
with the facts Iam about to depose hereunder.
2. That I’m the decree holder in respect of the Civil case No. 122 of 2023,
presided over by the Mwanza Urban Primary Court, at Nyamagana
district, before hon. Mariam R. Omar, PCM.
3. That, the said Civil case referred under paragraph 2 above of this
instant affidavit, was decided in favour of the Applicant herein,
whereas the judgment debtor was ordered to pay the decree holder a
total of Five Million Seven Hundred Thousand Tanzanian Shillings
(5,700,000.00). [A copy of the judgment is hereby annexed and
marked as annexture “HLC 1” form part of this affidavit].
4. That since the time the judgment was pronounced in favour of the
applicant herein, the respondent managed to pay only Two Million Five
Hundred Fifty Five Thousand, Seven Hundred and Forty shillings only
( 2,555,740.00), meanwhile a balance to the tune of 3,144,260.00,
remained unpaid to date.
5. That the applicant has made efforts to compel the respondent in
settling the outstanding balance, but in vain, and in another hand the
applicant is deteriorating business wise for non recovering the said
balance, and the respondent has shown bad motive of not repaying the
said balance.
6. That the applicant has made further investigation for realizing any
other properties of the respondent capable of being attached, but in
vain.
7. That the applicant has been exposed into economic loss for the
deliberate acts of the respondent, and as of now, the applicant is
willing and capable to carter for daily costs for committing the
respondent as a civil prisoner should the prayers sought in the
chamber summons are granted.
8. That due to the reasons advanced herein, it will be in the interest of
justice that the orders sought for in the chamber summons be granted.
Dated at Mwanza this....................... day of .....................................................

2024
...................
APPLICANT
VERIFICATION
I, PAULO KAFUMU, the Applicant herein, do hereby verify that all what is
stated in paragraphs 1,2,3,4,5,6,7 and 8 inclusive, are true to the best of
my own knowledge.
VERIFIED at MWANZA this ............................ day

of .....................................2024
...................
DEPONENT
SWORN at MWANZA by the said

PAULO KAFUMU who is known to me
Personally/identified to me by
..................................................... .......................
...
the later being known to me personally DEPONENT
in my presence this ...... day of ....... 2024.
BEFORE ME:-
NAME: ...........................................................
SIGNATURE: ..................................................
POSTAL ADDRESS: .........................................
DESIGNATION: ................................................
Presented for filing this ………………………… day of………….…………………….

……….. 2024
…………………....………..
REGISTRY OFFICER
DRAWN AND FILED BY:-

Fabian Kulwa (Advocate).
Happy & Associates Law Chambers
CCM Regional Building,
Makongoro Road,
2nd Floor, Right Wing, Room No. 54
P.o Box 1786
MWANZA REGION.
Mob. No. 0784 841246
Email: fabian.kulwa @ yahoo.com
PARTICULARS OF THE APPLICANT:-

The Applicant,
PAULO KAFUMU,
Bunda District,
Mara Region.
Mob. 0784455 559.
COPY TO BE SERVED UPON:-

The Respondent,
MAUZA NYAKILANGANYI,
Kishiri area,
Nyamagana District,
Mwanza Region.
Mobile: 0658 238817.

CIVIL PRISON APPLICATION KAFUMU

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IN THE DISTRICT COURT OF NYAMAGANA DISTRICT

MISC. CIVIL APPLICATION NO............. OF 2024

PAULO KAFUMU …....…................................................

MAUZA NYAKILANGANYI .........................................

LET ALL THE PARTIES CONCERNED appear before the Honourable

1. That, this Honourable Court be pleased to order the respondent

Presented for filling this ………………………… day of………….…………………….

DRAWN AND FILED BY:-

PARTICULARS OF THE APPLICANT:-

COPY TO BE SERVED UPON:-

MISC. CIVIL APPLICATION NO............. OF 2024

PAULO KAFUMU …....…................................................

MAUZA NYAKILANGANYI .........................................

Dated at Mwanza this....................... day of .....................................................

VERIFIED at MWANZA this ............................ day

SWORN at MWANZA by the said

POSTAL ADDRESS: .........................................

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

DRAWN AND FILED BY:-

PARTICULARS OF THE APPLICANT:-

COPY TO BE SERVED UPON:-

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