access bank limited vs commisiner general tra 2018 tzca 546 12 june 2018

access bank limited vs commisiner general tra 2018 tzca 546 12 june 2018

The applicant satisfied all conditions under Rule 11(2)(d)(i)-(iii) of the Rules, including timely filing, demonstration of substantial and irreparable loss, and undertaking to provide security for performance of the decree. The respondent did not oppose the application. Good cause was shown to grant the stay of execution.

Citation
access bank limited vs commisiner general tra 2018 tzca 546 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 for Stay of Execution / Application for Stay of Execution Pending Appeal
Outcome
Application for stay of execution granted
Legal Topics
Stay of Execution, Tax Assessment, Appeals Process
Source Language
English
Tax Law Civil Procedure Stay of Execution Tax Assessment Appeals Process

Case Brief

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Parties

Access Bank Limited

Applicant

Commissioner General (TRA)

Respondent

Procedural Posture

Civil Application for Stay of Execution / Application for Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether the applicant is entitled to a stay of execution of the decree pending appeal
  2. 2 Whether the applicant will suffer substantial and irreparable financial loss if stay is not granted
  3. 3 Whether the conditions under Rule 11(2)(d)(i)-(iii) of the Tanzania Court of Appeal Rules, 2009 are satisfied

Ratio Decidendi

The applicant satisfied all conditions under Rule 11(2)(d)(i)-(iii) of the Rules, including timely filing, demonstration of substantial and irreparable loss, and undertaking to provide security for performance of the decree. The respondent did not oppose the application. Good cause was shown to grant the stay of execution.

Court Disposition

Application for stay of execution granted

Orders

  • Stay of execution granted on condition that the applicant deposits a bank guarantee equal to the decretal amount within fourteen days from the date of the ruling.
  • Costs to be in the course.