20110429 TZHC Dar es Salaam

20110429 TZHC Dar es Salaam

The court granted extension of time to file notice of appeal and stay of execution, finding that although the delay was due to counsel's mistake, it was not sufficient reason to deny the applicants' right to appeal, provided security for the decretal amount and accrued interest is deposited in court.

Citation
20110429 TZHC Dar es Salaam
Parties
Applicant/defendant: FED HA FUND LTD; Applicant/defendant: INTERCHICK COMPANY LTD; Applicant/defendant: TANZANIA BREEDERS & FEEDMILLS LTD; Respondent/plaintiff: GEORGE T. VARGHESE; Respondent/plaintiff: GEORGE T. THOMAS
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
29 April 2011
Procedural Posture
Civil / Ruling on Application for Extension of Time and Stay of Execution
Outcome
application allowed with conditions
Legal Topics
Extension of Time, Stay of Execution, Appeal Process, Security for Costs
Source Language
English
Civil Procedure Appellate Practice Extension of Time Stay of Execution Appeal Process Security for Costs

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 3 Authorities cited 4 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

FED HA FUND LTD

Applicant/defendant

INTERCHICK COMPANY LTD

Applicant/defendant

TANZANIA BREEDERS & FEEDMILLS LTD

Applicant/defendant

GEORGE T. VARGHESE

Respondent/plaintiff

GEORGE T. THOMAS

Respondent/plaintiff

Procedural Posture

Civil / Ruling on Application for Extension of Time and Stay of Execution

Legal Issues

  1. 1 Whether extension of time to file notice of appeal should be granted after previous appeal was struck out
  2. 2 Whether stay of execution should be granted pending appeal

Ratio Decidendi

The court granted extension of time to file notice of appeal and stay of execution, finding that although the delay was due to counsel's mistake, it was not sufficient reason to deny the applicants' right to appeal, provided security for the decretal amount and accrued interest is deposited in court.

Court Disposition

application allowed with conditions

Orders

  • Extension of time to file notice of appeal granted.
  • Stay of execution granted subject to deposit of principal decretal amount (USD 227,200) and accrued interest into court within 30 days.