20060928 TZCA Dar es Salaam3

20060928 TZCA Dar es Salaam3

On the balance of convenience, the applicant would suffer more if execution is not stayed than the respondent would if execution is stayed. Stay is granted on condition that the applicant deposits TZS 50,000,000 in the High Court within 14 days.

Citation
20060928 TZCA Dar es Salaam3
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
Stay of execution granted conditionally
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 refusal to grant stay would cause substantial irreparable loss to the applicant
  3. 3 Whether the balance of convenience favors granting the stay

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. Stay is granted on condition that the applicant deposits TZS 50,000,000 in the High Court within 14 days.

Court Disposition

Stay of execution granted conditionally

Orders

  • Execution of the High Court decree in Civil Case No. 178 of 2000 is stayed upon deposit by the applicant of TZS 50,000,000 in the High Court within 14 days of the ruling.
  • Costs to abide the result of the appeal.