EXAMINATION OF PRACTICAL CHALLENGES AND PROCEDURAL IMPLICATIONS BY DECREE-HOLDERS IN THE EXECUTING OF COURT DECREE AGAINST DISTRICT COUNCILS IN TANZANIA.
This study examines the practical challenges and procedural implications faced by decree-holders in the execution of court decrees against District Councils in Tanzania. Although a court decree conclusively determines the rights and obligations of the parties, its enforcement against District Councils presents distinctive legal and practical difficulties arising from the statutory protection afforded to public funds and property. The execution under the Civil Procedure Code and the special procedures applicable to public authorities under the Government Proceedings Act and the Local Government (District Authorities) Act. In particular, the study examines the requirement for obtaining and serving a Certificate of Order. The findings indicate that decree-holders face significant obstacles, including the statutory prohibition against direct execution and attachment of Council property, the absence of a clear statutory deadline for satisfying a Certificate of Order, delays arising from administrative and budgetary procedures, financial constraints, and appeals or applications for stay of execution.
The study recommends, among other measures, the introduction of a clear statutory time limit for payment after issuance of a Certificate of Order, dedicated budgetary provisions for judgment debts, maintenance of registers of outstanding decrees, strengthened accountability of responsible local government officials, expedited procedures for decree-holders, improved judicial supervision, and mechanisms for negotiated payment arrangements.
