20060928 TZCA Dar es salaam

20060928 TZCA Dar es salaam

On balance of convenience, applicant is more likely to suffer if execution is not stayed; stay is granted on condition that applicant deposits fifty million shillings in the High Court within 14 days.

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

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Parties

1st Adili Bancorp Ltd

Applicant

Essa Hussein Samma

Respondent

Procedural Posture

Civil Application for Stay of Execution / Ruling on 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
  2. 2 Whether the applicant will suffer irreparable loss if stay is not granted
  3. 3 Whether the balance of convenience favors granting the stay

Ratio Decidendi

On balance of convenience, applicant is more likely to suffer if execution is not stayed; stay is granted on condition that applicant deposits fifty million shillings in the High Court within 14 days.

Court Disposition

Application for stay of execution granted with conditions.

Orders

  • Execution of the High Court decree stayed upon applicant depositing fifty million shillings in the High Court within 14 days.
  • Costs to abide the result of the appeal.