east african development bank vs blueline enterprises limited another 2004 tzca 58 12 november 2004

east african development bank vs blueline enterprises limited another 2004 tzca 58 12 november 2004

The procedure for reference under Rule 57 (1) (b) does not require compliance with Rule 47 for amendment or withdrawal; withdrawal by letter is permissible. The application for stay of execution should be heard on the merits if a notice of appeal exists, and the absence of leave to appeal is not a bar.

Citation
east african development bank vs blueline enterprises limited another 2004 tzca 58 12 november 2004
Parties
Applicant: East African Development Bank; 1st Respondent: Blueline Enterprises Limited; 2nd Respondent: A.T.H. Mwakyusa
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
12 November 2004
Procedural Posture
Civil Reference / Reference From Single Judge's Ruling on Application for Stay of Execution
Outcome
Reference allowed in part; application for stay of execution to be heard on merits by a single judge.
Legal Topics
Stay of Execution, Leave to Appeal, Reference Procedure, Amendment of Applications
Source Language
English
Civil Procedure Arbitration Stay of Execution Leave to Appeal Reference Procedure Amendment of Applications

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 10 Party arguments 2
Sign in to unlock

Parties

East African Development Bank

Applicant

Blueline Enterprises Limited

1st Respondent

A.T.H. Mwakyusa

2nd Respondent

Procedural Posture

Civil Reference / Reference From Single Judge's Ruling on Application for Stay of Execution

Legal Issues

  1. 1 Whether withdrawal and amendment of a reference letter required leave of the court under Rule 47 (1) and (2) of the Court of Appeal Rules
  2. 2 Whether the application for stay of execution was properly struck out for lack of leave to appeal

Ratio Decidendi

The procedure for reference under Rule 57 (1) (b) does not require compliance with Rule 47 for amendment or withdrawal; withdrawal by letter is permissible. The application for stay of execution should be heard on the merits if a notice of appeal exists, and the absence of leave to appeal is not a bar.

Court Disposition

Reference allowed in part; application for stay of execution to be heard on merits by a single judge.

Orders

  • Letter of reference dated 2.7.2004 marked as withdrawn under Rule 3 (2) (a) of the Court Rules.
  • Matter to be placed before a single Judge for hearing of the application for stay of execution on the merits in terms of Rule 55 (1) of the Court Rules.