20060421 TZCA Dar es Salaam

20060421 TZCA Dar es Salaam

Given the varying awarded interest rates and the need to scrutinize bank statements to establish the exact debt, the applicants would suffer irreparable loss or greater hardship than the respondent if execution is not stayed. On the balance of convenience, stay of execution is warranted pending appeal.

Citation
20060421 TZCA Dar es Salaam
Parties
Applicant: Matunda Building Contractors Limited; Applicant: Severian Ndyetabula; Applicant: Valence Simon Matunda; Applicant: Gresha Valence Matunda; Applicant: Flora Valence Matunda; Applicant: Jaqueline Valence Matunda; Respondent: N.B.C. Limited
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
21 April 2006
Procedural Posture
Civil Application / Application for Stay of Execution Pending Appeal
Outcome
Stay of execution granted pending determination of the appeal.
Legal Topics
Stay of Execution, Irreparable Loss, Balance of Convenience, Security for Debt
Source Language
English
Civil Procedure Banking Law Stay of Execution Irreparable Loss Balance of Convenience Security for Debt

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Parties

Matunda Building Contractors Limited

Applicant

Severian Ndyetabula

Applicant

Valence Simon Matunda

Applicant

Gresha Valence Matunda

Applicant

Flora Valence Matunda

Applicant

Jaqueline Valence Matunda

Applicant

N.B.C. Limited

Respondent

Procedural Posture

Civil Application / Application for Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether stay of execution should be granted pending appeal
  2. 2 Whether applicants demonstrated irreparable loss if execution proceeds
  3. 3 Whether balance of convenience favors granting stay

Ratio Decidendi

Given the varying awarded interest rates and the need to scrutinize bank statements to establish the exact debt, the applicants would suffer irreparable loss or greater hardship than the respondent if execution is not stayed. On the balance of convenience, stay of execution is warranted pending appeal.

Court Disposition

Stay of execution granted pending determination of the appeal.

Orders

  • Stay of execution allowed pending appeal
  • Costs to abide the result of the pending appeal