ecobank tanzania limited vs double a co ltd others 2022 tzca 591 29 september 2022

ecobank tanzania limited vs double a co ltd others 2022 tzca 591 29 september 2022

The application for stay of execution is granted as the applicant satisfied the cumulative conditions under Rule 11(4), (5), and (7), including timely filing, undertaking to furnish security, and risk of irreparable loss. The appended drawn order suffices as the decree sought to be stayed.

Citation
ecobank tanzania limited vs double a co ltd others 2022 tzca 591 29 september 2022
Parties
Applicant: Ecobank Tanzania Limited; 1st Respondent: Double A Co. Limited; 2nd Respondent: A. A. Trans Limited; 3rd Respondent: Akber Basir Versi; 4th Respondent: Asgher Bashir Versi
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
29 September 2022
Procedural Posture
Civil Application / Ruling on Application for Stay of Execution
Outcome
Application granted with costs
Legal Topics
Stay of Execution, Taxation of Costs, Appeals
Source Language
English
Civil Procedure Commercial Law Stay of Execution Taxation of Costs Appeals

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Parties

Ecobank Tanzania Limited

Applicant

Double A Co. Limited

1st Respondent

A. A. Trans Limited

2nd Respondent

Akber Basir Versi

3rd Respondent

Asgher Bashir Versi

4th Respondent

Procedural Posture

Civil Application / Ruling on Application for Stay of Execution

Legal Issues

  1. 1 Whether the application for stay of execution satisfies the conditions under Rule 11(4), (5), and (7) of the Tanzania Court of Appeal Rules 2009
  2. 2 Whether the application is accompanied by a copy of the decree appealed from

Ratio Decidendi

The application for stay of execution is granted as the applicant satisfied the cumulative conditions under Rule 11(4), (5), and (7), including timely filing, undertaking to furnish security, and risk of irreparable loss. The appended drawn order suffices as the decree sought to be stayed.

Court Disposition

Application granted with costs

Orders

  • Stay of execution of the High Court decree issued on 21/05/2020 and the Taxing Officer's order, subject to applicant furnishing a Bank Guarantee equivalent to the decretal sum pending determination of the intended appeal