FODEY SECURITY AND ALARM SYSTEM T LTD VS OPEN SANITY CO

FODEY SECURITY AND ALARM SYSTEM T LTD VS OPEN SANITY CO

The applicant demonstrated imminent irreparable loss if execution proceeds, as the attached vehicles are essential to its business, and there is a pending application to set aside the ex parte judgment. The balance of convenience favors staying execution. The error in describing the property as immovable instead of movable is a minor slip and does not affect the substance of the application.

Citation
FODEY SECURITY AND ALARM SYSTEM T LTD VS OPEN SANITY CO
Parties
Applicant: Fodey Security & Alarm System (T) Ltd; Respondent: Open Sanity Company Limited
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2014
Procedural Posture
Miscellaneous Commercial Cause / Ruling on Application for Stay of Execution Pending Hearing of Application to Set Aside Ex Parte Judgment
Outcome
Application granted in part
Legal Topics
Stay of Execution, Ex Parte Judgment, Enforcement of Judgments, Right to Be Heard
Source Language
English
Civil Procedure Commercial Law Stay of Execution Ex Parte Judgment Enforcement of Judgments Right to Be Heard

Case Brief

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Parties

Fodey Security & Alarm System (T) Ltd

Applicant

Open Sanity Company Limited

Respondent

Procedural Posture

Miscellaneous Commercial Cause / Ruling on Application for Stay of Execution Pending Hearing of Application to Set Aside Ex Parte Judgment

Legal Issues

  1. 1 Whether the circumstances warrant stay of execution and lifting of warrant of attachment pending determination of application to set aside ex parte judgment

Ratio Decidendi

The applicant demonstrated imminent irreparable loss if execution proceeds, as the attached vehicles are essential to its business, and there is a pending application to set aside the ex parte judgment. The balance of convenience favors staying execution. The error in describing the property as immovable instead of movable is a minor slip and does not affect the substance of the application.

Court Disposition

Application granted in part

Orders

  • Execution process of the decree in Commercial Case No. 8 of 2013 is stayed pending determination of application to set aside ex parte judgment and decree.
  • Warrant of attachment in respect of the listed property is lifted pending hearing and determination of the application to set aside ex parte judgment and decree.