dangote industries t limited vs warnercom t limited 2024 tzca 166 5 march 2024

The applicant satisfied the requirements for stay of execution by demonstrating risk of substantial loss, timely filing, and willingness to provide security. The affidavit by the legal officer was deemed competent due to implied ratification by the company.

Citation: dangote industries t limited vs warnercom t limited 2024 tzca 166 5 march 2024
Parties: Applicant: Dangote Industries (T) Limited; Respondent: Warnercom (T) Limited
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 5 March 2024
Procedural Posture: Civil Application / Application for Stay of Execution Pending Appeal
Outcome: Application allowed
Legal Topics: Stay of Execution, Affidavit Competency, Security for Due Performance, Appellate Practice
Source Language: English

Civil Procedure Commercial Law Stay of Execution Affidavit Competency Security for Due Performance Appellate Practice

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Parties

Dangote Industries (T) Limited

Applicant

Warnercom (T) Limited

Respondent

Procedural Posture

Civil Application / Application for Stay of Execution Pending Appeal

Legal Issues

1 Whether the applicant fulfilled the requirements for stay of execution pending appeal under rule 11 of the Tanzania Court of Appeal Rules, 2009
2 Whether the affidavit sworn by a legal officer is competent to commit the applicant company for security for due performance

Ratio Decidendi

Court Disposition

Application allowed

Orders

Stay of execution of the High Court judgment and decree granted pending appeal, conditional upon the applicant providing a bank guarantee from a licensed bank securing the decretal sum within 30 days.
Costs of the application to abide the outcome of the intended appeal.