20080815 TZHC Dar es Salaam

The application for leave to appeal is granted because the issues raised are important questions of law that merit consideration by the Court of Appeal of Tanzania.

Citation: 20080815 TZHC Dar es Salaam
Parties: Applicant: CRDB Bank Limited; 1st Respondent: George M. Kilindu; 2nd Respondent: Hon. Attorney General
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 15 August 2008
Procedural Posture: Miscellaneous Civil Cause / Application for Leave to Appeal
Outcome: Application for leave to appeal granted
Legal Topics: Leave to Appeal, Attachment of Bank Account, Stay of Execution, Correction of Court Orders
Source Language: English

Civil Procedure Leave to Appeal Attachment of Bank Account Stay of Execution Correction of Court Orders

Case Brief

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Parties

CRDB Bank Limited

Applicant

George M. Kilindu

1st Respondent

Hon. Attorney General

2nd Respondent

Procedural Posture

Miscellaneous Civil Cause / Application for Leave to Appeal

Legal Issues

1 Whether the Drawn Orders of 7th June, 2000 and 13th May, 2003 reflected the rulings of the High Court as regards payment of monetary compensation to the 1st Respondent
2 Whether the execution proceedings and resultant orders were regular and legal
3 Whether the High Court is without legal muscles to correct drawn orders which are inconsistent with its ruling and to arrest execution of such drawn orders

Ratio Decidendi

The application for leave to appeal is granted because the issues raised are important questions of law that merit consideration by the Court of Appeal of Tanzania.

Court Disposition

Application for leave to appeal granted

Orders

Leave to appeal to the Court of Appeal of Tanzania against the ruling of Bubeshi, J. (Rtd) dated 20th February, 2004 is granted