mti investiment ltd vs chobo investiment limited 2021 tzhccomd 3402 18 november 2021
Issuance of further orders in execution proceedings can be postponed to await the decision of the higher court where an application for stay of execution is pending.
- Citation
- mti investiment ltd vs chobo investiment limited 2021 tzhccomd 3402 18 november 2021
- Parties
- Decree Holder: MTI Investment Limited; Judgment Debtor: Chobo Investment Limited
- Court
- TZHCCOMD
- Jurisdiction
- Tanzania
- Judgment Date
- 18 November 2021
- Procedural Posture
- Miscellaneous Commercial Application / Execution Proceedings, Ruling on Proclamation of Sale
- Outcome
- Issuance of order for proclamation of sale postponed to await Court of Appeal decision.
- Legal Topics
- Execution of Judgment, Stay of Execution, Attachment and Sale of Property
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
MTI Investment Limited
Decree Holder
Chobo Investment Limited
Judgment Debtor
Procedural Posture
Miscellaneous Commercial Application / Execution Proceedings, Ruling on Proclamation of Sale
Legal Issues
- 1 Whether the court should issue an order for proclamation of sale while an application for stay of execution is pending before the Court of Appeal
Ratio Decidendi
Issuance of further orders in execution proceedings can be postponed to await the decision of the higher court where an application for stay of execution is pending.
Court Disposition
Issuance of order for proclamation of sale postponed to await Court of Appeal decision.
Orders
- Attached properties to remain with court broker
- Judgment debtor to bear storage charges
Full Case Text
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