20110720 TZCA Dar es Salaam

20110720 TZCA Dar es Salaam

A single judge of the Court of Appeal has inherent jurisdiction to make interim orders, including stay of execution, to facilitate the administration of justice and prevent possible injustice, even without a formal application or hearing, provided the order is interim and pending further proceedings.

Citation
20110720 TZCA 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 People's Libyan Arab Jamahiriya
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
20 July 2011
Procedural Posture
Civil Reference / Reference From Order of Single Judge in Revision Proceedings
Outcome
Reference dismissed with costs
Legal Topics
Inherent Powers of the Court, Stay of Execution, Right to Be Heard, Judicial Discretion
Source Language
English
Civil Procedure Appellate Practice Inherent Powers of the Court Stay of Execution Right to Be Heard Judicial Discretion

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 People's Libyan Arab Jamahiriya

3rd Respondent

Procedural Posture

Civil Reference / Reference From Order of Single Judge in Revision Proceedings

Legal Issues

  1. 1 Whether a single judge of the Court of Appeal has jurisdiction to grant an interim order for stay of execution
  2. 2 Whether the single judge erred in granting the interim order without hearing the parties
  3. 3 Whether the single judge was misled regarding the status of Civil Case No. 110 of 2010

Ratio Decidendi

A single judge of the Court of Appeal has inherent jurisdiction to make interim orders, including stay of execution, to facilitate the administration of justice and prevent possible injustice, even without a formal application or hearing, provided the order is interim and pending further proceedings.

Court Disposition

Reference dismissed with costs

Orders

  • Reference dismissed
  • Applicant to pay costs