20050927 TZCA Dar es Salaam 1

20050927 TZCA Dar es Salaam 1

Stay of execution is granted because the applicants would have no difficulty paying the decretal amount if the appeal fails, but there is doubt whether the respondent could refund the amount if the appeal succeeds, and the balance of convenience favors the applicants.

Citation
20050927 TZCA Dar es Salaam 1
Parties
Applicant: The Hon. Attorney General; Applicant: Minister for Foreign Affairs; Applicant: Bank of Tanzania; Respondent: Valerian Bamanya t/a Tanzania Associated Merchandise
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
27 September 2005
Procedural Posture
Civil Application / Application for Stay of Execution Pending Appeal
Outcome
Stay of execution granted pending appeal
Legal Topics
Stay of Execution, Prerogative Writs, Damages, Interest on Judgment Debt
Source Language
English
Civil Procedure Stay of Execution Prerogative Writs Damages Interest on Judgment Debt

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Parties

The Hon. Attorney General

Applicant

Minister for Foreign Affairs

Applicant

Bank of Tanzania

Applicant

Valerian Bamanya t/a Tanzania Associated Merchandise

Respondent

Procedural Posture

Civil Application / Application for Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether stay of execution should be granted pending appeal
  2. 2 Whether the respondent can refund the decretal amount if the appeal succeeds
  3. 3 Whether awarding compensation in a prerogative cause is lawful

Ratio Decidendi

Stay of execution is granted because the applicants would have no difficulty paying the decretal amount if the appeal fails, but there is doubt whether the respondent could refund the amount if the appeal succeeds, and the balance of convenience favors the applicants.

Court Disposition

Stay of execution granted pending appeal

Orders

  • Execution of the High Court judgment is stayed pending determination of the appeal
  • Costs to abide the result of the appeal