20020327 TZCA Dar es Salaam

20020327 TZCA Dar es Salaam

There is no right of appeal to the Court of Appeal from a High Court decision on objection proceedings under Order XXI Rule 57 of the Civil Procedure Code, 1966; the only remedy is to file a suit under Rule 62. The notice of appeal filed by the Bank of Tanzania is misconceived and invalid, and must be struck out. The Court may strike out the notice of appeal in the course of a preliminary objection to an application for stay of execution in the interests of justice and to prevent further delay.

Citation
20020327 TZCA Dar es Salaam
Parties
Applicant/objector: The Bank of Tanzania; Respondent: Devram P. Valambhia
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
27 March 2002
Procedural Posture
Civil Application / Ruling on Preliminary Objection to Application for Stay of Execution
Outcome
Notice of appeal struck out; application for stay of execution dismissed
Legal Topics
Garnishee Orders, Objection Proceedings, Right of Appeal, Stay of Execution, Finality of High Court Orders, Judicial Discretion, Costs Against Advocates
Source Language
English
Civil Procedure Banking Law Constitutional Law Garnishee Orders Objection Proceedings Right of Appeal Stay of Execution Finality of High Court Orders +2 more

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Parties

The Bank of Tanzania

Applicant/objector

Devram P. Valambhia

Respondent

Procedural Posture

Civil Application / Ruling on Preliminary Objection to Application for Stay of Execution

Legal Issues

  1. 1 Whether a right of appeal exists to the Court of Appeal from a High Court decision on objection proceedings under Order XXI Rule 57 of the Civil Procedure Code, 1966
  2. 2 Whether the notice of appeal filed by the Bank of Tanzania is valid and can found an application for stay of execution
  3. 3 Whether the Court can strike out a notice of appeal in the course of a preliminary objection to an application for stay of execution

Ratio Decidendi

There is no right of appeal to the Court of Appeal from a High Court decision on objection proceedings under Order XXI Rule 57 of the Civil Procedure Code, 1966; the only remedy is to file a suit under Rule 62. The notice of appeal filed by the Bank of Tanzania is misconceived and invalid, and must be struck out. The Court may strike out the notice of appeal in the course of a preliminary objection to an application for stay of execution in the interests of justice and to prevent further delay.

Court Disposition

Notice of appeal struck out; application for stay of execution dismissed

Orders

  • The notice of appeal filed by the Bank of Tanzania is struck out.
  • The application for stay of execution is dismissed.