20050817 TZCA Dar es Salaam

20050817 TZCA Dar es Salaam

The application was dismissed because the payment of the decretal amount by TANESCO occurred before the stay order was issued. Therefore, the 1st and 2nd Respondents could not be held in contempt for acts that predated the court order.

Citation
20050817 TZCA Dar es Salaam
Parties
Applicant: Interbest Investment Co. Ltd.; Respondent: Managing Director, TANESCO; Respondent: Director of Finance, TANESCO; Respondent: Qingdao Foreign Economic Relations and Trade Co.
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
17 August 2005
Procedural Posture
Civil Application / Ruling on Application for Contempt and Deposit Order
Outcome
Application dismissed with costs.
Legal Topics
Stay of Execution, Contempt Proceedings, Execution of Decree
Source Language
English
Civil Procedure Contempt of Court Stay of Execution Contempt Proceedings Execution of Decree

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Parties

Interbest Investment Co. Ltd.

Applicant

Managing Director, TANESCO

Respondent

Director of Finance, TANESCO

Respondent

Qingdao Foreign Economic Relations and Trade Co.

Respondent

Procedural Posture

Civil Application / Ruling on Application for Contempt and Deposit Order

Legal Issues

  1. 1 Whether the 1st and 2nd Respondents disobeyed the stay order issued on 13th March, 2001 by paying the decretal amount to a third party in contempt of court.

Ratio Decidendi

The application was dismissed because the payment of the decretal amount by TANESCO occurred before the stay order was issued. Therefore, the 1st and 2nd Respondents could not be held in contempt for acts that predated the court order.

Court Disposition

Application dismissed with costs.

Orders

  • Application dismissed.
  • Applicant to pay costs.