20030110 TZCA Dar es Salaam

20030110 TZCA Dar es Salaam

The court found that the applicant's grounds were arguable and that the intended appeal had some chances of success. Given the respondent's financial instability and the probability that the applicant might not recover the decretal amount if the appeal succeeds, justice and common sense required granting a stay of execution.

Citation
20030110 TZCA Dar es Salaam
Parties
Applicant: Applicant Bank (name not specified); Respondent: Respondent Company (name not specified)
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
10 January 2003
Procedural Posture
Civil Application / Application for Stay of Execution Pending Appeal
Outcome
Stay of execution granted pending determination of the intended appeal.
Legal Topics
Stay of Execution, Appeals, Injunctions
Source Language
English
Civil Procedure Stay of Execution Appeals Injunctions

Case Brief

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Parties

Applicant Bank (name not specified)

Applicant

Respondent Company (name not specified)

Respondent

Procedural Posture

Civil Application / Application for Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether to grant a stay of execution of the High Court decree pending appeal
  2. 2 Whether the intended appeal has a prima facie likelihood of success
  3. 3 Whether refusal to stay execution would cause substantial and irreparable injury to the applicant

Ratio Decidendi

The court found that the applicant's grounds were arguable and that the intended appeal had some chances of success. Given the respondent's financial instability and the probability that the applicant might not recover the decretal amount if the appeal succeeds, justice and common sense required granting a stay of execution.

Court Disposition

Stay of execution granted pending determination of the intended appeal.

Orders

  • Execution of the High Court decree in Civil Case No. 341 of 1997 is stayed pending appeal.
  • Applicant to provide security as and when required by the court.