abercrombie kent t limited vs deusmeela 2023 tzca 17802 8 november 2023

abercrombie kent t limited vs deusmeela 2023 tzca 17802 8 november 2023

The applicant satisfied all statutory conditions for a stay of execution by filing within time, demonstrating risk of substantial loss, and providing a firm undertaking to furnish security as the Court may order. The Court exercised its discretion to grant a stay of execution conditional on a bank guarantee for the decretal amount.

Citation
abercrombie kent t limited vs deusmeela 2023 tzca 17802 8 november 2023
Parties
Applicant: Abercrombie & Kent (T) Limited; Respondent: Deus Meela
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
8 November 2023
Procedural Posture
Civil Application / Application for Stay of Execution Pending Appeal
Outcome
stay of execution granted
Legal Topics
Stay of Execution, Security for Due Performance, Appeal Procedure, Substantial Loss
Source Language
English
Labour Law Civil Procedure Stay of Execution Security for Due Performance Appeal Procedure Substantial Loss

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Parties

Abercrombie & Kent (T) Limited

Applicant

Deus Meela

Respondent

Procedural Posture

Civil Application / Application for Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether the applicant has satisfied the legal requirements for a stay of execution pending appeal under Rule 11 of the Tanzania Court of Appeal Rules, 2009

Ratio Decidendi

The applicant satisfied all statutory conditions for a stay of execution by filing within time, demonstrating risk of substantial loss, and providing a firm undertaking to furnish security as the Court may order. The Court exercised its discretion to grant a stay of execution conditional on a bank guarantee for the decretal amount.

Court Disposition

stay of execution granted

Orders

  • Execution of the High Court ruling dated 10/11/2021 in Revision No. 82 of 2020 is stayed pending hearing and determination of the applicant's appeal.
  • The stay is conditional upon the applicant depositing a bank guarantee covering the entire decretal amount within thirty (30) days of delivery of this ruling.