gm cross africa limited vs first national bank tanzania limited others 2022 tzca 532 31 august 2022

gm cross africa limited vs first national bank tanzania limited others 2022 tzca 532 31 august 2022

The application for stay of execution is incompetent because the decree is not executable; after dismissal of the suit, parties reverted to their former positions and no order grants rights or commands action affecting the applicant.

Citation
gm cross africa limited vs first national bank tanzania limited others 2022 tzca 532 31 august 2022
Parties
Applicant: GM Cross Africa Limited; 1st Respondent: First National Bank Tanzania Limited; 2nd Respondent: Nkaya Company Limited; 3rd Respondent: Adelard Emmanuel Lyakurwa
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
31 August 2022
Procedural Posture
Civil Application / Ruling on Application for Stay of Execution
Outcome
Application struck out with costs
Legal Topics
Stay of Execution, Mortgage Enforcement, Declaratory Orders, Injunctions
Source Language
English
Civil Procedure Banking Law Land Law Stay of Execution Mortgage Enforcement Declaratory Orders Injunctions

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Parties

GM Cross Africa Limited

Applicant

First National Bank Tanzania Limited

1st Respondent

Nkaya Company Limited

2nd Respondent

Adelard Emmanuel Lyakurwa

3rd Respondent

Procedural Posture

Civil Application / Ruling on Application for Stay of Execution

Legal Issues

  1. 1 Whether the application for stay of execution is competent where the decree is not executable

Ratio Decidendi

The application for stay of execution is incompetent because the decree is not executable; after dismissal of the suit, parties reverted to their former positions and no order grants rights or commands action affecting the applicant.

Court Disposition

Application struck out with costs

Orders

  • The application is struck out with costs