20040930 TZCA Dar es Salaam

20040930 TZCA Dar es Salaam

Execution is stayed pending appeal because there is a serious triable issue on jurisdiction, the applicant is better placed to pay if the appeal fails, paying large sums before appeal determination could cause irreparable loss if respondents cannot refund, and on the balance of convenience and common sense, stay is justified.

Citation
20040930 TZCA Dar es Salaam
Parties
Applicant: MIC Tanzania Ltd.; Respondent: Adam Messer; Respondent: William Sangiwa
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
30 September 2004
Procedural Posture
Civil Application for Stay of Execution / Ruling on Application for Stay of Execution Pending Appeal
Outcome
Stay of execution granted pending determination of Civil Appeal No. 98 of 2004.
Legal Topics
Stay of Execution, Jurisdiction, Enforcement of Arbitral Awards, Irreparable Loss, Balance of Convenience
Source Language
English
Civil Procedure Arbitration Stay of Execution Jurisdiction Enforcement of Arbitral Awards Irreparable Loss Balance of Convenience

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Parties

MIC Tanzania Ltd.

Applicant

Adam Messer

Respondent

William Sangiwa

Respondent

Procedural Posture

Civil Application for Stay of Execution / Ruling on Application for Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether execution of the arbitral award should be stayed pending determination of the appeal
  2. 2 Whether the High Court had jurisdiction to entertain the petition to set aside the arbitral award
  3. 3 Whether the applicant would suffer irreparable loss if execution is not stayed

Ratio Decidendi

Execution is stayed pending appeal because there is a serious triable issue on jurisdiction, the applicant is better placed to pay if the appeal fails, paying large sums before appeal determination could cause irreparable loss if respondents cannot refund, and on the balance of convenience and common sense, stay is justified.

Court Disposition

Stay of execution granted pending determination of Civil Appeal No. 98 of 2004.

Orders

  • Stay of execution of the High Court's decision pending appeal.
  • Costs of the application to abide the result of the appeal.