gapco tanzania limited vs geofrey daniel mchangila chief executive officer of citibank tanzania ltd another 2023 tzca 17604 1 september 2023

gapco tanzania limited vs geofrey daniel mchangila chief executive officer of citibank tanzania ltd another 2023 tzca 17604 1 september 2023

The impugned order is not interlocutory as it conclusively determines the rights of the parties; leave to appeal is not required because the detention was not in execution of a decree but resulted from violation of a restraint order in ongoing proceedings.

Citation
gapco tanzania limited vs geofrey daniel mchangila chief executive officer of citibank tanzania ltd another 2023 tzca 17604 1 september 2023
Parties
Applicant: GAPCO Tanzania Limited; 1st Respondent: Geofrey Daniel Mchangila, Chief Executive Officer of Citibank Tanzania Limited; 2nd Respondent: Citibank Tanzania Limited
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
1 September 2023
Procedural Posture
Civil Application / Ruling on Application to Strike Out Notice of Appeal
Outcome
application dismissed with costs
Legal Topics
Interlocutory Orders, Leave to Appeal, Execution of Decree, Civil Imprisonment
Source Language
English
Civil Procedure Appellate Practice Interlocutory Orders Leave to Appeal Execution of Decree Civil Imprisonment

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Parties

GAPCO Tanzania Limited

Applicant

Geofrey Daniel Mchangila, Chief Executive Officer of Citibank Tanzania Limited

1st Respondent

Citibank Tanzania Limited

2nd Respondent

Procedural Posture

Civil Application / Ruling on Application to Strike Out Notice of Appeal

Legal Issues

  1. 1 Whether the impugned order is interlocutory and thus not appealable
  2. 2 Whether leave is required to appeal against the High Court's order committing the respondent to civil prison

Ratio Decidendi

The impugned order is not interlocutory as it conclusively determines the rights of the parties; leave to appeal is not required because the detention was not in execution of a decree but resulted from violation of a restraint order in ongoing proceedings.

Court Disposition

application dismissed with costs

Orders

  • application to strike out notice of appeal dismissed
  • costs awarded to respondents