20021231 TZCA Dar es Salaam

20021231 TZCA Dar es Salaam

The Court allowed the informal application to amend the notice of appeal and all relevant documents to substitute LART as respondent instead of CRDB Bank, holding that the intent of the parties was clear and amendment was necessary to meet the ends of justice. The application for stay of execution was granted as unopposed.

Citation
20021231 TZCA Dar es Salaam
Parties
Applicant: Ilabila Industries Ltd.; Applicant: John Momose Cheyo; Respondent: Loans and Advances Realization Trust (LART)
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
31 December 2002
Procedural Posture
Civil Application / Application for Stay of Execution Pending Appeal
Outcome
application granted
Legal Topics
Stay of Execution, Amendment of Pleadings, Notice of Appeal, Limitation Period
Source Language
English
Civil Procedure Banking Law Stay of Execution Amendment of Pleadings Notice of Appeal Limitation Period

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Parties

Ilabila Industries Ltd.

Applicant

John Momose Cheyo

Applicant

Loans and Advances Realization Trust (LART)

Respondent

Procedural Posture

Civil Application / Application for Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether the notice of appeal and related documents can be amended to substitute the correct respondent
  2. 2 Whether the application for stay of execution should be granted

Ratio Decidendi

The Court allowed the informal application to amend the notice of appeal and all relevant documents to substitute LART as respondent instead of CRDB Bank, holding that the intent of the parties was clear and amendment was necessary to meet the ends of justice. The application for stay of execution was granted as unopposed.

Court Disposition

application granted

Orders

  • Leave granted to amend the notice of appeal and all relevant documents to substitute LART as respondent instead of CRDB Bank.
  • Amended documents to be lodged with the Registrar and served on LART by 8th January, 2003.