arusha international conference center vs edwin william shetto 1999 tzca 30 1 march 1999

arusha international conference center vs edwin william shetto 1999 tzca 30 1 march 1999

Stay of execution is granted where the applicant may suffer irreparable loss if execution proceeds and the respondent may not be able to repay, but such stay must be conditional upon the applicant furnishing security for the decretal sum.

Citation
arusha international conference center vs edwin william shetto 1999 tzca 30 1 march 1999
Parties
Applicant: Arusha International Conference Centre; Respondent: Edwin William Shetto
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
1 March 1999
Procedural Posture
Application for Stay of Execution / Ruling on Application for Stay Pending Appeal
Outcome
Application allowed
Legal Topics
Stay of Execution, Security for Decree, Damages for Defamation, Arrears of Salary
Source Language
English
Civil Procedure Employment Law Stay of Execution Security for Decree Damages for Defamation Arrears of Salary

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Parties

Arusha International Conference Centre

Applicant

Edwin William Shetto

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether stay of execution should be granted pending appeal
  2. 2 Whether the applicant would suffer irreparable loss if stay is refused
  3. 3 Whether the respondent is able to repay the decretal sum if appeal succeeds

Ratio Decidendi

Stay of execution is granted where the applicant may suffer irreparable loss if execution proceeds and the respondent may not be able to repay, but such stay must be conditional upon the applicant furnishing security for the decretal sum.

Court Disposition

Application allowed

Orders

  • Execution of the decree is stayed provided the applicant deposits in court the sum of 10,000,000 Tanzanian Shillings within 30 days from the date of the ruling
  • Costs will be in the cause