arusha hardware traders limited 2 others vs ms exim bank tanzania limited 2016 tzca 551 15 february 2016

arusha hardware traders limited 2 others vs ms exim bank tanzania limited 2016 tzca 551 15 february 2016

Applicants met all cumulative requirements for stay of execution: Notice of Appeal lodged, good cause shown, substantial loss demonstrated, application made without unreasonable delay, and security for due performance furnished.

Citation
arusha hardware traders limited 2 others vs ms exim bank tanzania limited 2016 tzca 551 15 february 2016
Parties
Applicant: Arusha Hardware Traders Limited; Applicant: Ellyson Kirenga Sway; Applicant: Sikudhani Mwenda Sway; Respondent: M/S Exim Bank Tanzania Limited
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
15 February 2016
Procedural Posture
Civil Application / Application for Stay of Execution Pending Appeal
Outcome
stay of execution granted pending appeal
Legal Topics
Stay of Execution, Appeal Process, Security for Due Performance
Source Language
English
Civil Procedure Stay of Execution Appeal Process Security for Due Performance

Case Brief

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Parties

Arusha Hardware Traders Limited

Applicant

Ellyson Kirenga Sway

Applicant

Sikudhani Mwenda Sway

Applicant

M/S Exim Bank Tanzania Limited

Respondent

Procedural Posture

Civil Application / Application for Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether the applicants have satisfied the requirements for grant of stay of execution pending appeal

Ratio Decidendi

Applicants met all cumulative requirements for stay of execution: Notice of Appeal lodged, good cause shown, substantial loss demonstrated, application made without unreasonable delay, and security for due performance furnished.

Court Disposition

stay of execution granted pending appeal

Orders

  • Stay of execution granted pending hearing and determination of intended appeal.
  • Costs to abide by the result of the intended appeal.