20030918 TZCA Dar es Salaam
An application for stay of execution not accompanied by the order sought to be stayed is incompetent and must be struck out.
- Citation
- 20030918 TZCA Dar es Salaam
- Parties
- Applicant: East African Development Bank; Respondent: Blueline Enterprises Limited
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 18 September 2003
- Procedural Posture
- Civil Application / Application for Stay of Execution
- Outcome
- application struck out with costs
- Legal Topics
- Stay of Execution, Attachment of Orders, Procedural Irregularity
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
East African Development Bank
Applicant
Blueline Enterprises Limited
Respondent
Procedural Posture
Civil Application / Application for Stay of Execution
Legal Issues
- 1 Whether an application for stay of execution is competent without attachment of the order sought to be stayed
- 2 Whether execution has already taken place rendering the application moot
Ratio Decidendi
An application for stay of execution not accompanied by the order sought to be stayed is incompetent and must be struck out.
Court Disposition
application struck out with costs
Orders
- application struck out
- costs awarded to respondent
Full Case Text
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