general tyre ea ltd vs mandavin co ltd 1997 tzca 72 13 may 1997

Stay of execution is granted because applicant risks irreparable loss if appeal succeeds and respondent cannot be traced; guarantee bond sufficiently protects respondent's interests.

Citation: general tyre ea ltd vs mandavin co ltd 1997 tzca 72 13 may 1997
Parties: Applicant: General Tyre E.A. Ltd; Respondent: Mandavin Co. Ltd
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 13 May 1997
Procedural Posture: Civil Application / Application for Stay of Execution Pending Appeal
Outcome: application allowed
Legal Topics: Stay of Execution, Garnishee Order, Guarantee Bond
Source Language: English

Civil Procedure Stay of Execution Garnishee Order Guarantee Bond

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Parties

General Tyre E.A. Ltd

Applicant

Mandavin Co. Ltd

Respondent

Procedural Posture

Civil Application / Application for Stay of Execution Pending Appeal

Legal Issues

1 Whether stay of execution should be granted pending appeal
2 Whether a guarantee bond is sufficient to protect respondent's interests

Ratio Decidendi

Stay of execution is granted because applicant risks irreparable loss if appeal succeeds and respondent cannot be traced; guarantee bond sufficiently protects respondent's interests.

Court Disposition

application allowed

Orders

Execution of the High Court decree is stayed pending appeal determination.
Garnishee order issued by High Court is lifted.