20050228 TZCA Dar es salaam

Since the High Court struck out the petition as incompetent, there is no order or decree capable of being stayed; therefore, the application for stay of execution must be dismissed.

Citation: 20050228 TZCA Dar es salaam
Parties: Applicant: East African Development Bank; Respondent: Blue Line Enterprises
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 28 February 2005
Procedural Posture: Civil Application / Application for Stay of Execution Pending Appeal
Outcome: Application dismissed with costs
Legal Topics: Stay of Execution, Preliminary Objection, Arbitration Proceedings
Source Language: English

Civil Procedure Arbitration Stay of Execution Preliminary Objection Arbitration Proceedings

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 2 Authorities cited 5 Party arguments 2

Parties

East African Development Bank

Applicant

Blue Line Enterprises

Respondent

Procedural Posture

Civil Application / Application for Stay of Execution Pending Appeal

Legal Issues

1 Whether a stay of execution can be granted when the High Court struck out the petition as incompetent
2 Whether there is an order or decree capable of being stayed

Ratio Decidendi

Since the High Court struck out the petition as incompetent, there is no order or decree capable of being stayed; therefore, the application for stay of execution must be dismissed.

Court Disposition

Application dismissed with costs