hamoud mohamed sumry vs mussa shaibu msangi others 2016 tzca 772 4 march 2016

hamoud mohamed sumry vs mussa shaibu msangi others 2016 tzca 772 4 march 2016

Application for stay of execution dismissed because applicant failed to satisfy all mandatory requirements, specifically security for due performance of the decree.

Citation
hamoud mohamed sumry vs mussa shaibu msangi others 2016 tzca 772 4 march 2016
Parties
Applicant: Hamoud Mohamed Sumry; Respondent: Mussa Shaibu Msangi; Respondent: Sumry High Class Ltd; Respondent: Sumry Bus Services Ltd
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
4 March 2016
Procedural Posture
Civil Application / Ruling on Application for Stay of Execution
Outcome
Application dismissed with costs
Legal Topics
Stay of Execution, Lifting Corporate Veil, Execution of Decree
Source Language
English
Civil Procedure Corporate Law Stay of Execution Lifting Corporate Veil Execution of Decree

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Parties

Hamoud Mohamed Sumry

Applicant

Mussa Shaibu Msangi

Respondent

Sumry High Class Ltd

Respondent

Sumry Bus Services Ltd

Respondent

Procedural Posture

Civil Application / Ruling on Application for Stay of Execution

Legal Issues

  1. 1 Whether the applicant satisfied all conditions for stay of execution under Rule 11(2) of the Court of Appeal Rules, 2009
  2. 2 Whether the applicant can be held personally liable by lifting the corporate veil

Ratio Decidendi

Application for stay of execution dismissed because applicant failed to satisfy all mandatory requirements, specifically security for due performance of the decree.

Court Disposition

Application dismissed with costs

Orders

  • Application for stay of execution dismissed
  • Applicant to pay costs