Daud Abdulla v. Narainsingh Khansingh, Civ. Rev. 1-Z-64, 6/4/64, Horsfall J.

Daud Abdulla v. Narainsingh Khansingh, Civ. Rev. 1-Z-64, 6/4/64, Horsfall J.

A judgment debtor was ordered by the magistrate to pay the full decretal amount by a certain date or be committed to prison for 6 weeks in default. Previously, the debtor had offered to pay the amount, some Shs. 1,600/- in monthly instalments of Shs. 75/-.

Held: Under the arrest provisions of the Civil Procedure Decree, an arrest may not be ordered unless the debtor has, since the date of the decree, refused or neglected to pay. No inference of the person’s ability to pay and refusal to pay can be drawn merely from an offer to pay by instalments. Such a finding is a “material irregularity” which justifies the setting aside of the magistrate’s order. The debtor is ordered to pay by instalments of Shs. 75/-.