19920629 TZHC Dar es Salaam
Leave to appeal is refused because the interlocutory orders do not prejudice the applicant and the legal point raised will not affect the outcome or the orders made; the proceedings should continue to conclusion without interruption.
- Citation
- 19920629 TZHC Dar es Salaam
- Parties
- Creditor/applicant: Reginald John Nolan and Transport Equipment Limited; Debtor/respondent: Arif Ahmed alias Arif Ahmed Zeman; Debtor/respondent: Asif Ahmed alias Asif Ahmed Zeman
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 29 June 1992
- Procedural Posture
- Bankruptcy Cause / Application for Leave to Appeal Interlocutory Order
- Outcome
- application for leave to appeal dismissed
- Legal Topics
- Leave to Appeal, Interlocutory Orders, Foreign Judgments, Appointment of Interim Receiver
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Reginald John Nolan and Transport Equipment Limited
Creditor/applicant
Arif Ahmed alias Arif Ahmed Zeman
Debtor/respondent
Asif Ahmed alias Asif Ahmed Zeman
Debtor/respondent
Procedural Posture
Bankruptcy Cause / Application for Leave to Appeal Interlocutory Order
Legal Issues
- 1 Whether an unregistered foreign judgment can be used as evidence of debt for a bankruptcy petition under section 3(1)(g) of the Bankruptcy Ordinance
- 2 Whether leave to appeal should be granted against interlocutory orders
Ratio Decidendi
Leave to appeal is refused because the interlocutory orders do not prejudice the applicant and the legal point raised will not affect the outcome or the orders made; the proceedings should continue to conclusion without interruption.
Court Disposition
application for leave to appeal dismissed
Orders
- no order as to costs
Full Case Text
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