nadds bureau de change limited and another vs y2k bureua de change ltd 2021 tzhccomd 3339 16 september 2021

nadds bureau de change limited and another vs y2k bureua de change ltd 2021 tzhccomd 3339 16 september 2021

The court found that the applicants satisfied the conditions for stay of execution, particularly as the alleged illegality regarding jurisdiction constitutes sufficient cause. The court held that the relevant pecuniary jurisdiction was TZS 30 million at the time of filing, not TZS 70 million as argued by the respondent, and granted the stay pending determination of the application for extension of time to appeal.

Citation
nadds bureau de change limited and another vs y2k bureua de change ltd 2021 tzhccomd 3339 16 september 2021
Parties
Applicant: NADDS Bureau De Change Limited; Applicant: Nelson Daniel Swai; Respondent: Y2K Bureau De Change Ltd
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
16 September 2021
Procedural Posture
Miscellaneous Commercial Application / Ruling on Application for Stay of Execution
Outcome
Application granted
Legal Topics
Stay of Execution, Jurisdiction, Extension of Time, Security for Due Performance
Source Language
English
Civil Procedure Commercial Law Stay of Execution Jurisdiction Extension of Time Security for Due Performance

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Parties

NADDS Bureau De Change Limited

Applicant

Nelson Daniel Swai

Applicant

Y2K Bureau De Change Ltd

Respondent

Procedural Posture

Miscellaneous Commercial Application / Ruling on Application for Stay of Execution

Legal Issues

  1. 1 Whether the applicants are entitled to a stay of execution of the decree pending determination of an application for extension of time to appeal
  2. 2 Whether the Resident Magistrate's Court had pecuniary jurisdiction over the original suit

Ratio Decidendi

The court found that the applicants satisfied the conditions for stay of execution, particularly as the alleged illegality regarding jurisdiction constitutes sufficient cause. The court held that the relevant pecuniary jurisdiction was TZS 30 million at the time of filing, not TZS 70 million as argued by the respondent, and granted the stay pending determination of the application for extension of time to appeal.

Court Disposition

Application granted

Orders

  • Stay of execution of the decree in Civil Case No. 175 of 2019 at the Resident Magistrate Court of Dar-es-Salaam at Kinondoni, contained in Execution Case No.6 of 2021, pending final hearing and determination of Commercial Application No.8 of 2021.
  • Applicants to furnish security for due performance of the decree as per Order XXXIX Rule 5(3)(c) of the Civil Procedure Code, Cap.33 R.E. 2019.