20170828 TZHC Dar es Salaam

IN THE HIGH COURT OF TANZANIA AT DAR ES SALAAM MISC. CIVIL APPLICATION NO. 413 OF 2015 GRADER AND TRACTOR SUPPLIES AFRICA LTD . ..................................................... ... APPLICANT VERSUS HAJEES SAFARI LTD .......................................... RESPONDENT Date of last Order .. 25/8/2017 Date of Ruling 28/8/2017 RULING W. P. Dyansobera, l. The applicant Grader and Tractor Supplie:; Africa_ Limited has m3dc~ this application praying for stay of execution proceedings in Clvi 1 C'""'se No. 102 of 2010 pending hearing and determination of Miscellaneous C~u~e No. 347 of 2015 which is a winding up petition costs of the app!icat:an a.1d any other reliefs. The application which has been brought under Section 283 (a) of the companies Act, 2002 and S. 95 of the Civil Prccedure Code [Cap. 33 R.E. 2002] is supported by an affidavit r:ngo Willy Tenga. Although the application has. n·Jt met any resistance 01Je to respondent's failure to file a co•mter affidavit, tliis court is duty bol!nd t0 consider its legal merit 1 Section 283": (a) under ·which this application has been brought provides: · ''283. At ·any time after the presentation of the winding up petition/ and before a winding up petition order has been made/ the company or·any creditor or contributory, may {a) where any action or proceedings against the company is pending in -f _______ the Higft Court or Court of A_ppeal app/y_to_tbe court _ _ __ _ _- . . . - in which the action or proceeding is pending for a · . 0 stay ofproceedings therein. " . . As the record reveals, there is neither action nor proceedings against the company which is pendi11g either in the High Court of Appeal.· Miscellaneous Civil Cause No. 347 of 2015 which was pending in court was· heard and determined by this court (Hon-. Munisi, Judge) ·on 25/7/2fJ17. I FOi that reason, these is no basis upon which this appli..::atk\n can ·stand. 0 1:UDG~ 28/8/2017 .. 2 0