19881117 TZCA Dar es Salaam

19881117 TZCA Dar es Salaam

Stay of execution granted because execution was purportedly carried out without a formal decree and applicant was not afforded opportunity to show sufficient cause; proper decree to be drawn and execution stayed until appeal determination.

Citation
19881117 TZCA Dar es Salaam
Parties
Applicant: M/S. Esmail International Ltd.; Respondent: J.B. Kasidi; Respondent: M/S. L.J. Richards & Co. Ltd.
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
17 November 1988
Procedural Posture
Civil Application / Application for Stay of Execution Pending Appeal
Outcome
Application allowed; stay of execution granted.
Legal Topics
Stay of Execution, Appeals, Judicial Process, Execution of Decree
Source Language
English
Civil Procedure Commercial Law Stay of Execution Appeals Judicial Process Execution of Decree

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Parties

M/S. Esmail International Ltd.

Applicant

J.B. Kasidi

Respondent

M/S. L.J. Richards & Co. Ltd.

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 execution was valid without a formal decree
  3. 3 Whether applicant was afforded opportunity to show sufficient cause

Ratio Decidendi

Stay of execution granted because execution was purportedly carried out without a formal decree and applicant was not afforded opportunity to show sufficient cause; proper decree to be drawn and execution stayed until appeal determination.

Court Disposition

Application allowed; stay of execution granted.

Orders

  • High Court to draw proper decree immediately.
  • Execution of decree stayed until determination of appeal.