eusto ntagalinda vs tanzania fish process ltd 2012 tzca 249 13 september 2012

The preliminary objection failed as it required evidential proof and not a pure point of law; the applicant satisfied the requirements for stay of execution by showing risk of substantial loss, timely application, and provision of security.

Citation: eusto ntagalinda vs tanzania fish process ltd 2012 tzca 249 13 september 2012
Parties: Applicant: Eusto Ntagalinda; Respondent: Tanzania Fish Process Ltd
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 13 September 2012
Procedural Posture: Civil Application for Stay of Execution / Ruling on Preliminary Objection and Main Application
Outcome: application for stay of execution granted; preliminary objection dismissed
Legal Topics: Stay of Execution, Preliminary Objection, Written Submissions, Security for Performance, Substantial Loss
Source Language: English

Civil Procedure Commercial Law Stay of Execution Preliminary Objection Written Submissions Security for Performance Substantial Loss

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Parties

Eusto Ntagalinda

Applicant

Tanzania Fish Process Ltd

Respondent

Procedural Posture

Civil Application for Stay of Execution / Ruling on Preliminary Objection and Main Application

Legal Issues

1 Whether the preliminary objection for late filing of written submissions is valid
2 Whether the applicant has met the conditions for stay of execution

Ratio Decidendi

Court Disposition

application for stay of execution granted; preliminary objection dismissed

Orders

Stay of execution granted in favour of the applicant pending appeal determination.
Costs of the application to be in the event.