ms ilabila industries others vs tanzania investment bank another 2008 tzca 1 28 october 2008
The hearing was adjourned due to the registry's delay in serving notice, resulting in parties being unprepared.
Source-derived case information.
- Citation
- ms ilabila industries others vs tanzania investment bank another 2008 tzca 1 28 october 2008
- Parties
- Applicant: M/S Ilabila Industries; Applicant: John Momose Cheyo; Applicant: Ngula V. Cheyo; Respondent: Tanzania Investment Bank; Respondent: Philemon N. Mgaya t/a Eric Auction Mart & Court Brokers; Applicant: Presidential Parastatal Sector Reform Commission; Respondent: Azania Bancorp Limited
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 28 October 2008
- Procedural Posture
- Civil Application / Application for Stay of Execution; Hearing Adjourned
- Outcome
- Hearing adjourned
- Legal Topics
- Stay of Execution, Adjournment of Hearing
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
M/S Ilabila Industries
Applicant
John Momose Cheyo
Applicant
Ngula V. Cheyo
Applicant
Tanzania Investment Bank
Respondent
Philemon N. Mgaya t/a Eric Auction Mart & Court Brokers
Respondent
Presidential Parastatal Sector Reform Commission
Applicant
Azania Bancorp Limited
Respondent
Procedural Posture
Civil Application / Application for Stay of Execution; Hearing Adjourned
Legal Issues
- 1 Whether the hearing of the application for stay of execution should proceed given service delays
- 2 Whether parties should abide by undertakings pending adjournment
Ratio Decidendi
The hearing was adjourned due to the registry's delay in serving notice, resulting in parties being unprepared.
Court Disposition
Hearing adjourned
Orders
- Hearing adjourned to a date to be fixed by the Registrar.
- Parties to abide by respective undertakings of counsel.
Full Case Text
Judgment text and source record
1 paragraphs
IN THE COURT OF APPEAL OF TANZANIA AT DAR ES SALAAM CIVIL APPLICATION NO 133 OF 2004 BETWEEN 1. M/S ILABILA INDUSTRIES ] 2. JOHN MOMOSE CHEYO ] ................................... APPLICANTS 3. NGULA V. CHEYO ] AND 1. TANZANIA INVESTMENT BANK ] 2. PHILEMON N. MGAYA t/a ] ... RESPONDENTS ERIC AUCTION MART & COURT BROKERS ] (Application for Stay of Execution from the decision of the High Court of Tanzania (Commercial Division) at Dar es Salaam) (Kalegeya, J.) dated the 14th day of September in Commercial Case No. 27 of 2002 -------- ORDER MROSO, J.A.: The hearing of the application should have taken place this morning but for the unexcusable delay by the registry to serve the notice of hearing on the parties early. It should not have taken 2 days to serve the notice on the advocates for the respondent. In doing so, it has resulted in the parties being imprepared this morning. It is hoped that the registry will act with better promptness from now on. In the circumstances the hearing is adjourned to a date to be fixed by the RCA. DATED AT DAR ES SALAAM this 28th day of October, 2004. J. A. MROSO JUSTICE OF APPEAL 2 I certify that this is a true copy of the original. ( A. G. MWARIJA ) REGISTRAR IN THE COURT OF APPEAL OF TANZANIA AT DAR ES SALAAM CIVIL APPLICATION NO 130 OF 2004 BETWEEN PRESIDENTIAL PARASTATAL SECTOR REFORM COMMISSION ......................................................... APPLICANT AND AZANIA BANCORP LIMITED ............................................. RESPONDENT (Application for Stay of Execution from the Judgment and Decree of the High Court of Tanzania (Commercial Division) at Dar es Salaam) (Kalegeya, J.) dated the 23rd day of July, 2004 in Commercial Case No. 277 of 2002 -------- ORDER MROSO, J.A.: Hearing is adjourned to a date to be fixed by the Registrar and parties to abide by the respective undertakings of counsel. DATED AT DAR ES SALAAM this 28th day of October, 2004. J. A. MROSO JUSTICE OF APPEAL I certify that this is a true copy of the original. ( A. G. MWARIJA ) REGISTRAR