JOHAN HARALD CHISTER ABRAHAMSSON VS EXIM BANK T LTD COMM CASE NO

JOHAN HARALD CHISTER ABRAHAMSSON VS EXIM BANK T LTD COMM CASE NO

The court held that the judgment debtor was entitled to show cause by affidavit through his advocate and that execution may proceed despite the pending appeal and application for stay, as a notice of appeal or appeal does not automatically stay execution. However, the actual carrying out of the execution order may await the outcome of the stay application and appeal.

Citation
JOHAN HARALD CHISTER ABRAHAMSSON VS EXIM BANK T LTD COMM CASE NO
Parties
Judgment Debtor: Johan Harald Christer Abrahamsson; Decree Holder: Exim Bank (Tanzania) Ltd
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2011
Procedural Posture
Commercial Case / Ruling on Application for Execution After Notice to Show Cause
Outcome
Execution order granted, subject to outcome of stay application and appeal.
Legal Topics
Execution of Decree, Stay of Execution, Appeal Process
Source Language
English
Civil Procedure Banking Law Execution of Decree Stay of Execution Appeal Process

Case Brief

Summary, issues, holding and outcome

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Parties

Johan Harald Christer Abrahamsson

Judgment Debtor

Exim Bank (Tanzania) Ltd

Decree Holder

Procedural Posture

Commercial Case / Ruling on Application for Execution After Notice to Show Cause

Legal Issues

  1. 1 Whether execution of decree can proceed when notice of appeal and application for stay are pending
  2. 2 Whether judgment debtor must appear personally or may show cause by affidavit through advocate

Ratio Decidendi

The court held that the judgment debtor was entitled to show cause by affidavit through his advocate and that execution may proceed despite the pending appeal and application for stay, as a notice of appeal or appeal does not automatically stay execution. However, the actual carrying out of the execution order may await the outcome of the stay application and appeal.

Court Disposition

Execution order granted, subject to outcome of stay application and appeal.

Orders

  • Execution order to issue.
  • Carrying out of execution may await result of pending stay application and intended appeal.