SALVATORY LUBEKE MWANDU VS NCBA BANK T LTD COMM EXCUTION NO

The trial court lacks jurisdiction to stay execution after an appeal is filed, and mere pendency of an appeal does not stay execution absent an appellate court order.

Citation: SALVATORY LUBEKE MWANDU VS NCBA BANK T LTD COMM EXCUTION NO
Parties: Decree Holder: Salvatory Lubeke Mwandu; Judgment Debtor: NCBA Bank Tanzania Limited
Court: TANZLII
Jurisdiction: Tanzania
Judgment Date: 1 January 2024
Procedural Posture: Commercial Execution / Ruling on Application for Execution and Objection to Execution
Outcome: application for execution granted in part
Legal Topics: Execution of Decree, Stay of Execution, Costs Taxation
Source Language: English

Civil Procedure Commercial Law Execution of Decree Stay of Execution Costs Taxation

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 3 Party arguments 2 Amounts and remedies 1

Parties

Salvatory Lubeke Mwandu

Decree Holder

NCBA Bank Tanzania Limited

Judgment Debtor

Procedural Posture

Commercial Execution / Ruling on Application for Execution and Objection to Execution

Legal Issues

1 Whether the trial court can stay execution after an appeal is filed
2 Whether pendency of an appeal operates as a stay of execution

Ratio Decidendi

The trial court lacks jurisdiction to stay execution after an appeal is filed, and mere pendency of an appeal does not stay execution absent an appellate court order.

Court Disposition

application for execution granted in part

Orders

Proclamation of Sale to issue in respect of five tables only from the judgment debtor's listed properties