ZEBEDAYO MKODYA Vs BEST MICROFINANCE SLT LTDC C NO

ZEBEDAYO MKODYA Vs BEST MICROFINANCE SLT LTDC C NO

The existence of a pending application for stay of execution before the Court of Appeal constitutes sufficient cause to adjourn execution proceedings against the 3rd judgment debtor.

Citation
ZEBEDAYO MKODYA Vs BEST MICROFINANCE SLT LTDC C NO
Parties
Plaintiff/decree Holder: Zebedayo M Kodya; 1st Judgment Debtor: Best Microfinance Solutions Limited; 2nd Judgment Debtor: Geogrey William Malamia; 3rd Judgment Debtor: Aloyce Kissenga M Chili
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2017
Procedural Posture
Commercial Case / Ruling on Execution Proceedings
Outcome
adjournment of execution proceedings against 3rd judgment debtor
Legal Topics
Execution of Decrees, Stay of Execution, Notice to Show Cause
Source Language
English
Civil Procedure Commercial Law Execution of Decrees Stay of Execution Notice to Show Cause

Case Brief

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Parties

Zebedayo M Kodya

Plaintiff/decree Holder

Best Microfinance Solutions Limited

1st Judgment Debtor

Geogrey William Malamia

2nd Judgment Debtor

Aloyce Kissenga M Chili

3rd Judgment Debtor

Procedural Posture

Commercial Case / Ruling on Execution Proceedings

Legal Issues

  1. 1 Whether the 3rd judgment debtor has shown sufficient cause to postpone execution by imprisonment pending stay application

Ratio Decidendi

The existence of a pending application for stay of execution before the Court of Appeal constitutes sufficient cause to adjourn execution proceedings against the 3rd judgment debtor.

Court Disposition

adjournment of execution proceedings against 3rd judgment debtor

Orders

  • Hearing of the application in respect of notice to show cause against the 3rd judgment debtor is adjourned pending outcome of the application for stay before the Court of Appeal.