20061207 TZCA Dar es Salaam2

20061207 TZCA Dar es Salaam2

Execution is stayed because the applicant's estate is under a receiving order pursuant to the Bankruptcy Act, which protects the estate from execution pending the determination of the intended appeal.

Citation
20061207 TZCA Dar es Salaam2
Parties
Applicant: Anverali Kakal; Respondent: Aluminium Africa Ltd
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
7 December 2006
Procedural Posture
Civil Application / Application for Stay of Execution Pending Appeal
Outcome
Application for stay of execution granted
Legal Topics
Stay of Execution, Bankruptcy Proceedings, Judgment Debtor Rights
Source Language
English
Civil Procedure Bankruptcy Stay of Execution Bankruptcy Proceedings Judgment Debtor Rights

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Parties

Anverali Kakal

Applicant

Aluminium Africa Ltd

Respondent

Procedural Posture

Civil Application / Application for Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether execution should be stayed in light of a pending bankruptcy cause and receiving order against the applicant

Ratio Decidendi

Execution is stayed because the applicant's estate is under a receiving order pursuant to the Bankruptcy Act, which protects the estate from execution pending the determination of the intended appeal.

Court Disposition

Application for stay of execution granted

Orders

  • Execution is stayed pending determination of the intended appeal.
  • Respondent advised to list the debt with the Receiver, the Administrator General.