20110720 TZHC Dar es Salaam

20110720 TZHC Dar es Salaam

A single judge of the Court of Appeal has inherent jurisdiction to make interim orders, including staying execution, to facilitate justice and prevent possible injustice, even without a formal application, provided such orders are temporary and do not prejudice parties. The right to be heard was not violated as the order was interim and affected neither party adversely at that stage. Misrepresentation regarding the status of Civil Case No. 110 of 2010 was an error but did not affect the legality of the order.

Citation
20110720 TZHC Dar es Salaam
Parties
Applicant: MEIS Industries Limited; 1st Respondent: Mohamed Enterprises (T) Limited; 2nd Respondent: Tanzania Investment Bank; 3rd Respondent: The Government of the Great Socialist Peoples Libyan Arab Jamahiriya
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
20 July 2011
Procedural Posture
Civil Reference / Ruling on Reference From Order of Single Judge
Outcome
Reference dismissed with costs
Legal Topics
Inherent Powers of the Court, Stay of Execution, Judicial Discretion, Right to Be Heard, Interim Orders
Source Language
English
Civil Procedure Appellate Practice Inherent Powers of the Court Stay of Execution Judicial Discretion Right to Be Heard Interim Orders

Case Brief

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Parties

MEIS Industries Limited

Applicant

Mohamed Enterprises (T) Limited

1st Respondent

Tanzania Investment Bank

2nd Respondent

The Government of the Great Socialist Peoples Libyan Arab Jamahiriya

3rd Respondent

Procedural Posture

Civil Reference / Ruling on Reference From Order of Single Judge

Legal Issues

  1. 1 Whether a single judge of the Court of Appeal has jurisdiction to grant an interim order staying execution of a High Court decree
  2. 2 Whether the single judge erred in invoking Rule 4(1) & (2)(b) of the Court Rules, 2009
  3. 3 Whether the right to be heard was violated by issuing the interim order without hearing the parties

Ratio Decidendi

A single judge of the Court of Appeal has inherent jurisdiction to make interim orders, including staying execution, to facilitate justice and prevent possible injustice, even without a formal application, provided such orders are temporary and do not prejudice parties. The right to be heard was not violated as the order was interim and affected neither party adversely at that stage. Misrepresentation regarding the status of Civil Case No. 110 of 2010 was an error but did not affect the legality of the order.

Court Disposition

Reference dismissed with costs

Orders

  • Reference is dismissed
  • Applicant to pay costs