Fatethali Ali Jessa v. Shabani Kapera and Two Others, Civ. Rev. 5-Z-66, 23/12/67, Kimicha Ag. C. J.

Fatethali Ali Jessa v. Shabani Kapera and Two Others, Civ. Rev. 5-Z-66, 23/12/67, Kimicha Ag. C. J.

            Judgment was entered for the plaintiffs on the merits of this dispute and the defendant was ordered to make specified monthly payments. The trial court also ordered that a warrant of arrest was to issue against the defendant in default of payment.

            Held: A defendant may not be arrested simply for a default in payments on a judgment debt. Upon such default, the defendant should be served with notice to show cause why the decree should not be executed by attachment and sale of his property, or by committing him to civil prison. If the defendant cannot show good cause, or without cause fails to appear before the court, then the court has the discretion to issue a warrant of arrest. Order for the defendant’s arrest set aside.