20060928 TZCA Dar es Salaam2

20060928 TZCA Dar es Salaam2

On the balance of convenience, the applicant would suffer more if execution is not stayed than the respondent would if execution is stayed. The court has discretion to impose terms to ensure the successful party enjoys the fruits of the decree.

Citation
20060928 TZCA Dar es Salaam2
Parties
Applicant: 1st Adili Bancorp Ltd; Respondent: Essa Hussein Samma
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
28 September 2006
Procedural Posture
Civil Application / Application for Stay of Execution Pending Appeal
Outcome
stay of execution granted with conditions
Legal Topics
Stay of Execution, Appeals, Balance of Convenience
Source Language
English
Civil Procedure Stay of Execution Appeals Balance of Convenience

Case Brief

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Parties

1st Adili Bancorp Ltd

Applicant

Essa Hussein Samma

Respondent

Procedural Posture

Civil Application / Application for Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether to grant a stay of execution of the High Court decree pending appeal

Ratio Decidendi

On the balance of convenience, the applicant would suffer more if execution is not stayed than the respondent would if execution is stayed. The court has discretion to impose terms to ensure the successful party enjoys the fruits of the decree.

Court Disposition

stay of execution granted with conditions

Orders

  • Execution of the High Court decree in Civil Case No. 178 of 2000 is stayed upon the applicant depositing fifty million shillings in the High Court within 14 days of the ruling.
  • Costs to abide the result of the appeal.