intertec east africa as ltd vs b s international 1997 tzca 70 6 may 1997

With the dismissal of the suit, the position reverted to the status before the suit was filed, and there was no decree capable of execution; thus, the application for stay was incompetent.

Citation: intertec east africa as ltd vs b s international 1997 tzca 70 6 may 1997
Parties: Applicant: Intertec East Africa A/S Ltd; Respondent: B & S International
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 6 May 1997
Procedural Posture: Civil Application / Application for Stay of Execution
Outcome: Application dismissed
Legal Topics: Stay of Execution, Competency of Application
Source Language: English

Civil Procedure Stay of Execution Competency of Application

Case Brief

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Parties

Intertec East Africa A/S Ltd

Applicant

B & S International

Respondent

Procedural Posture

Civil Application / Application for Stay of Execution

Legal Issues

1 Whether there is a decree capable of being executed to warrant a stay of execution

Ratio Decidendi

With the dismissal of the suit, the position reverted to the status before the suit was filed, and there was no decree capable of execution; thus, the application for stay was incompetent.

Court Disposition

Application dismissed

Orders

Each party to bear its own costs