20051027 TZCA Dar es Salaam 1

20051027 TZCA Dar es Salaam 1

There is sufficient ground for staying execution because the awarded general damages is a triable issue in the intended appeal. On the balance of convenience and commonsense, it is justifiable to stay execution pending determination of the intended appeal to avoid inconvenience of refunding the decretal amount if the appeal succeeds.

Citation
20051027 TZCA Dar es Salaam 1
Parties
Applicant: B.P. (Tanzania) Ltd.; Respondent: Sanyou Service Station Ltd.
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
27 October 2005
Procedural Posture
Civil Application / Application for Stay of Execution Pending Appeal
Outcome
Stay of execution granted pending appeal.
Legal Topics
Stay of Execution, Irreparable Loss, Balance of Convenience
Source Language
English
Civil Procedure Stay of Execution Irreparable Loss Balance of Convenience

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Parties

B.P. (Tanzania) Ltd.

Applicant

Sanyou Service Station Ltd.

Respondent

Procedural Posture

Civil Application / Application for Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether there are sufficient grounds to grant a stay of execution pending appeal
  2. 2 Whether irreparable loss would be caused if execution proceeds before appeal determination
  3. 3 Whether balance of convenience favors granting stay

Ratio Decidendi

There is sufficient ground for staying execution because the awarded general damages is a triable issue in the intended appeal. On the balance of convenience and commonsense, it is justifiable to stay execution pending determination of the intended appeal to avoid inconvenience of refunding the decretal amount if the appeal succeeds.

Court Disposition

Stay of execution granted pending appeal.

Orders

  • Stay of execution of the decree in Civil Case No. 329 of 2002 granted pending appeal
  • Garnishee order revoked