access bank limited vs commissioner general tra 2018 tzca 422 12 june 2018
The Court found that the applicant satisfied all conditions under Rule 11(2)(d)(i)-(iii), demonstrated risk of substantial and irreparable financial loss, and provided security for performance of the decree, warranting grant of stay of execution.
- Citation
- access bank limited vs commissioner general tra 2018 tzca 422 12 june 2018
- Parties
- Applicant: Access Bank Limited; Respondent: Commissioner General (TRA)
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 12 June 2018
- Procedural Posture
- Civil Application / Application for Stay of Execution Pending Appeal
- Outcome
- Application granted
- Legal Topics
- Stay of Execution, Corporate Tax Assessment, Appeals Process
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Access Bank Limited
Applicant
Commissioner General (TRA)
Respondent
Procedural Posture
Civil Application / Application for Stay of Execution Pending Appeal
Legal Issues
- 1 Whether the applicant is entitled to a stay of execution pending appeal
- 2 Whether substantial and irreparable financial loss would occur absent stay
- 3 Compliance with Rule 11(2)(d)(i)-(iii) of the Tanzania Court of Appeal Rules
Ratio Decidendi
The Court found that the applicant satisfied all conditions under Rule 11(2)(d)(i)-(iii), demonstrated risk of substantial and irreparable financial loss, and provided security for performance of the decree, warranting grant of stay of execution.
Court Disposition
Application granted
Orders
- Order for stay of execution granted
- Applicant to deposit bank guarantee equal to decretal amount within fourteen days
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment