education books publisher ltd vs hasham kassam sons ltd 3 others 2023 tzhccomd 18 10 february 2023

Judgement debtors failed to show cause why execution orders should not be granted as there was no valid stay of execution and the High Court lacked jurisdiction to stay execution after notice of appeal was filed.

Citation: education books publisher ltd vs hasham kassam sons ltd 3 others 2023 tzhccomd 18 10 february 2023
Parties: Decree Holder: Education Book Publisher Ltd; 1st Judgement Debtor: Hasham Kassam & Sons Limited; 2nd Judgement Debtor: ISA Limited; 3rd Judgement Debtor: Unionare Limited; 4th Judgement Debtor: Bank M (Tanzania) Limited
Court: TZHCCOMD
Jurisdiction: Tanzania
Judgment Date: 10 February 2023
Procedural Posture: Execution Proceedings / Ruling on Show Cause Against Execution
Outcome: execution orders granted
Legal Topics: Execution of Decrees, Stay of Execution, Jurisdiction After Notice of Appeal
Source Language: English

Civil Procedure Commercial Law Execution of Decrees Stay of Execution Jurisdiction After Notice of Appeal

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Parties

Education Book Publisher Ltd

Decree Holder

Hasham Kassam & Sons Limited

1st Judgement Debtor

ISA Limited

2nd Judgement Debtor

Unionare Limited

3rd Judgement Debtor

Bank M (Tanzania) Limited

4th Judgement Debtor

Procedural Posture

Execution Proceedings / Ruling on Show Cause Against Execution

Legal Issues

1 Whether judgement debtors have shown cause why execution orders should not be granted
2 Whether High Court has jurisdiction to stay execution after notice of appeal is filed

Ratio Decidendi

Court Disposition

execution orders granted

Orders

Judgement debtors have not succeeded in showing cause; execution orders to be granted