20100108 TZHC Dar es Salaam

20100108 TZHC Dar es Salaam

The applicant failed to show sufficient cause for stay of execution as negligence or inaction of counsel is not a valid ground. The applicant was aware of the proceedings and failed to act diligently. No irreparable loss was demonstrated that could not be compensated by damages. The application for stay is refused.

Citation
20100108 TZHC Dar es Salaam
Parties
Applicant: Applicant; Respondents: Respondents
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
8 January 2010
Procedural Posture
Application for Stay of Execution / Ruling on Application for Stay Pending Execution
Outcome
Application for stay refused
Legal Topics
Stay of Execution, Negligence of Counsel, Ex Parte Awards, Extension of Time
Source Language
English
Labour Law Civil Procedure Stay of Execution Negligence of Counsel Ex Parte Awards Extension of Time

Case Brief

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Parties

Applicant

Applicant

Respondents

Respondents

Procedural Posture

Application for Stay of Execution / Ruling on Application for Stay Pending Execution

Legal Issues

  1. 1 Whether the applicant is entitled to a stay of execution of the decree pending determination of application to set aside ex parte award
  2. 2 Whether negligence or inaction of counsel constitutes sufficient cause for extension of time or stay
  3. 3 Whether irreparable loss would be suffered by the applicant if stay is not granted

Ratio Decidendi

The applicant failed to show sufficient cause for stay of execution as negligence or inaction of counsel is not a valid ground. The applicant was aware of the proceedings and failed to act diligently. No irreparable loss was demonstrated that could not be compensated by damages. The application for stay is refused.

Court Disposition

Application for stay refused

Orders

  • Application for stay of execution is dismissed
  • Execution of decree may proceed