airtel tanzania ltd vs ose power solution 2017 tzca 140 18 october 2017

airtel tanzania ltd vs ose power solution 2017 tzca 140 18 october 2017

The applicant satisfied all cumulative requirements under Rule 11(2)(d) of the Rules: the application was filed without delay, substantial loss may result if stay is not granted due to the colossal decretal sum, and the applicant provided a firm undertaking to furnish security. Therefore, stay of execution is...

Source-derived case information.

Citation
airtel tanzania ltd vs ose power solution 2017 tzca 140 18 october 2017
Parties
Applicant: Airtel Tanzania Limited; Respondent: OSE Power Solutions
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
18 October 2017
Procedural Posture
Civil Application / Application for Stay of Execution Pending Appeal
Outcome
Application granted
Legal Topics
Stay of Execution, Security for Due Performance, Appeal Process, Breach of Contract
Source Language
english
Civil Procedure Contract Law Stay of Execution Security for Due Performance Appeal Process Breach of Contract

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 10 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Airtel Tanzania Limited

Applicant

OSE Power Solutions

Respondent

Procedural Posture

Civil Application / Application for Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether the applicant has shown good cause for stay of execution pending appeal
  2. 2 Whether the requirements under Rule 11(2)(d) of the Tanzania Court of Appeal Rules, 2009 have been satisfied

Ratio Decidendi

The applicant satisfied all cumulative requirements under Rule 11(2)(d) of the Rules: the application was filed without delay, substantial loss may result if stay is not granted due to the colossal decretal sum, and the applicant provided a firm undertaking to furnish security. Therefore, stay of execution is warranted pending appeal.

Court Disposition

Application granted

Orders

  • Stay of execution of the decree of Hon. Teemba, J. dated 14th July, 2017 in Civil Case No. 40 of 2012 is ordered, conditional upon the applicant depositing in Court a bank guarantee of Tshs. 4,000,000,000/= within thirty (30) days from the date of the ruling.
  • Costs to abide in the main cause.