20061207 TZCA Dar es Salaam1
Execution is stayed due to the existence of a receiving order under the Bankruptcy Act, which protects the estate of the applicant pending determination of the intended appeal.
- Citation
- 20061207 TZCA Dar es Salaam1
- Parties
- Applicant: Anverali Kakal; Respondent: Aluminium Africa Ltd
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 7 December 2006
- Procedural Posture
- Civil Application / Application for Stay of Execution Pending Appeal
- Outcome
- stay of execution granted
- Legal Topics
- Stay of Execution, Receivership, Civil Imprisonment
- Source Language
- English
Case Brief
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Parties
Anverali Kakal
Applicant
Aluminium Africa Ltd
Respondent
Procedural Posture
Civil Application / Application for Stay of Execution Pending Appeal
Legal Issues
- 1 whether sufficient grounds exist for staying execution in light of bankruptcy proceedings
Ratio Decidendi
Execution is stayed due to the existence of a receiving order under the Bankruptcy Act, which protects the estate of the applicant pending determination of the intended appeal.
Court Disposition
stay of execution granted
Orders
- Execution stayed pending determination of intended appeal.
- Respondent to forward decree to Receiver, Administrator General.
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