kampuni ya uchukuzi tabora 1999 tzca 37 1 december 1999
Receivership does not dissolve the applicant corporation or its ownership of property; the applicant failed to establish any legal bar or sufficient grounds for stay of execution, and granting such stay would pre-empt the rights of creditors with leave of court.
- Citation
- kampuni ya uchukuzi tabora 1999 tzca 37 1 december 1999
- Parties
- Applicant: Kampuni ya Uchunguzi Tarora (Ltd); Respondent: Praxeda Paulo; Respondent: T.M.K. Miema
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 1 December 1999
- Procedural Posture
- Civil Application / Application for Stay of Execution Pending Appeal
- Outcome
- Application dismissed
- Legal Topics
- Stay of Execution, Receivership, Public Corporations, Bankruptcy
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Kampuni ya Uchunguzi Tarora (Ltd)
Applicant
Praxeda Paulo
Respondent
T.M.K. Miema
Respondent
Procedural Posture
Civil Application / Application for Stay of Execution Pending Appeal
Legal Issues
- 1 Whether receivership of a public corporation bars execution against its property
- 2 Whether the applicant company, under receivership, can seek a stay of execution
- 3 Whether the applicant has shown sufficient grounds for stay of execution
Ratio Decidendi
Receivership does not dissolve the applicant corporation or its ownership of property; the applicant failed to establish any legal bar or sufficient grounds for stay of execution, and granting such stay would pre-empt the rights of creditors with leave of court.
Court Disposition
Application dismissed
Orders
- Application for stay of execution is dismissed with costs.
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