farhia abdullah nur vs advatech office suppliers limited another 2022 tzca 533 31 august 2022

farhia abdullah nur vs advatech office suppliers limited another 2022 tzca 533 31 august 2022

The application met all legal requirements for stay of execution. The applicant's firm undertaking to furnish security is sufficient. The stay is granted on condition that the applicant deposits a bank guarantee of the decretal amount within thirty days.

Citation
farhia abdullah nur vs advatech office suppliers limited another 2022 tzca 533 31 august 2022
Parties
Applicant: Ms. Farhia Abdullah Nur; 1st Respondent: Advatech Office Supplies Limited; 2nd Respondent: Bolsto Solutions Limited
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
31 August 2022
Procedural Posture
Civil Application for Stay of Execution / Ruling on Application for Stay of Execution Pending Appeal
Outcome
Stay of execution granted with conditions
Legal Topics
Stay of Execution, Security for Due Performance, Director Liability, Appeal Procedure
Source Language
English
Civil Procedure Commercial Law Stay of Execution Security for Due Performance Director Liability Appeal Procedure

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Parties

Ms. Farhia Abdullah Nur

Applicant

Advatech Office Supplies Limited

1st Respondent

Bolsto Solutions Limited

2nd Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the applicant is entitled to a stay of execution of the High Court decree pending appeal
  2. 2 Whether the requirement to deposit security for due performance should be waived for the applicant

Ratio Decidendi

The application met all legal requirements for stay of execution. The applicant's firm undertaking to furnish security is sufficient. The stay is granted on condition that the applicant deposits a bank guarantee of the decretal amount within thirty days.

Court Disposition

Stay of execution granted with conditions

Orders

  • Execution of the High Court decree in Commercial Case No. 167 of 2014 is stayed pending hearing and determination of the intended appeal.
  • Applicant must deposit in Court a bank guarantee of the decretal amount within thirty days from the date of the ruling.