20150217 TZHC Sumbwanga

20150217 TZHC Sumbwanga

The applicant failed to establish that the appeal has a prima facie likelihood of success, failed to provide particulars of irreparable loss, and did not demonstrate that the balance of convenience favours a stay. The conditions for granting a stay of execution pending appeal were not met.

Citation
20150217 TZHC Sumbwanga
Parties
Applicant: FABEC Investment Company Limited; Respondent: Jiangx - Geo Engineering (Group) Corporation
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
17 February 2015
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Stay of Execution Pending Appeal
Outcome
Application dismissed with costs
Legal Topics
Stay of Execution, Appeal, Breach of Contract, Damages
Source Language
English
Civil Procedure Contract Law Stay of Execution Appeal Breach of Contract Damages

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Parties

FABEC Investment Company Limited

Applicant

Jiangx - Geo Engineering (Group) Corporation

Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Application for Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether the applicant is entitled to a stay of execution of the decree pending appeal
  2. 2 Whether refusal to grant stay would cause substantial and irreparable injury to the applicant
  3. 3 Whether the appeal has prima facie likelihood of success

Ratio Decidendi

The applicant failed to establish that the appeal has a prima facie likelihood of success, failed to provide particulars of irreparable loss, and did not demonstrate that the balance of convenience favours a stay. The conditions for granting a stay of execution pending appeal were not met.

Court Disposition

Application dismissed with costs

Orders

  • Application for stay of execution pending appeal is dismissed
  • Applicant to pay costs