20040311 TZCA Dar es Salaam

Maintaining the status quo is necessary to prevent the application for stay of execution from being rendered nugatory and to ensure the effectiveness of the adjournment for proper service on the 3rd respondent.

Citation: 20040311 TZCA Dar es Salaam
Parties: Applicant: Consolidated Holding Corporation; 1st Respondent: JIT Finance Limited; 2nd Respondent: The Registered Trustees of Tanganyika National Parks; 3rd Respondent: Joseph Laizer
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 11 March 2004
Procedural Posture: Civil Application / Interlocutory Application for Stay of Execution Pending Appeal
Outcome: Adjournment granted; status quo to be maintained pending determination of the application.
Legal Topics: Stay of Execution, Service of Process, Adjournment
Source Language: English

Civil Procedure Stay of Execution Service of Process Adjournment

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Parties

Consolidated Holding Corporation

Applicant

JIT Finance Limited

1st Respondent

The Registered Trustees of Tanganyika National Parks

2nd Respondent

Joseph Laizer

3rd Respondent

Procedural Posture

Civil Application / Interlocutory Application for Stay of Execution Pending Appeal

Legal Issues

1 Whether to adjourn hearing due to improper service on 3rd respondent
2 Whether to maintain status quo (stay execution) pending proper service and hearing

Ratio Decidendi

Court Disposition

Adjournment granted; status quo to be maintained pending determination of the application.

Orders

Hearing of the application is adjourned to a date to be fixed by the Registrar.
Status quo to be maintained pending determination of the application and matters arising therefrom.