johan harald christer abrahamsson vs exim bank tanzania ltd 2016 tzhccomd 12 24 may 2016

johan harald christer abrahamsson vs exim bank tanzania ltd 2016 tzhccomd 12 24 may 2016

The court held that the judgment debtor may appear through an advocate and show cause by affidavit. The existence of a pending appeal or application for stay does not automatically stay execution; only a court order can do so. Therefore, execution order is to issue, but its carrying out may await the result of the pending application for stay and appeal.

Citation
johan harald christer abrahamsson vs exim bank tanzania ltd 2016 tzhccomd 12 24 may 2016
Parties
Judgment Debtor: Johan Harald Christer Abrahamsson; Decree Holder: Exim Bank (Tanzania) Ltd
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
24 May 2016
Procedural Posture
Commercial Case / Ruling on Application for Execution of Decree
Outcome
Execution order granted, but its carrying out may await the result of the pending application for stay and appeal.
Legal Topics
Execution of Decree, Stay of Execution, Appeals
Source Language
English
Civil Procedure Banking Law Execution of Decree Stay of Execution Appeals

Case Brief

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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 of Decree

Legal Issues

  1. 1 Whether execution of decree can proceed when an 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 may appear through an advocate and show cause by affidavit. The existence of a pending appeal or application for stay does not automatically stay execution; only a court order can do so. Therefore, execution order is to issue, but its carrying out may await the result of the pending application for stay and appeal.

Court Disposition

Execution order granted, but its carrying out may await the result of the pending application for stay and appeal.

Orders

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