CIVIL APPLICATION NO 216 18 OF 2023 BEVCO LIMITED VS MELANIE PHILIPPE
Stay of execution is granted pending appeal, but only if applicant furnishes a bank guarantee for the decretal sum, as floating debenture is insufficient for monetary decrees and would not allow respondent to realize decree without undue delay.
- Citation
- CIVIL APPLICATION NO 216 18 OF 2023 BEVCO LIMITED VS MELANIE PHILIPPE
- Parties
- Applicant: Bevco Limited; Respondent: Melanie Philippe
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 1 January 2023
- Procedural Posture
- Civil Application / Ruling on Stay of Execution Pending Appeal
- Outcome
- Application for stay of execution granted subject to furnishing bank guarantee.
- Legal Topics
- Stay of Execution, Security for Due Performance, Appeal Process
- Source Language
- English
Case Brief
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Parties
Bevco Limited
Applicant
Melanie Philippe
Respondent
Procedural Posture
Civil Application / Ruling on Stay of Execution Pending Appeal
Legal Issues
- 1 Whether stay of execution should be granted pending appeal
- 2 What form of security for due performance is appropriate
Ratio Decidendi
Stay of execution is granted pending appeal, but only if applicant furnishes a bank guarantee for the decretal sum, as floating debenture is insufficient for monetary decrees and would not allow respondent to realize decree without undue delay.
Court Disposition
Application for stay of execution granted subject to furnishing bank guarantee.
Orders
- Applicant to provide bank guarantee for EURO 120,000.0 within sixty days from ruling date.
- Stay of execution pending hearing and determination of appeal.
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