national bank of commerce vs sadrudin meghji 1997 tzca 80 27 march 1997

IN THE COURT OF APPEAL OF TANZANIA # AZ P/Vl.2S SAL A M CORAi'4^ >^KAiv13t J,A. CIVIL APPLICATION NO. 43 OF 1996 In the Matter of an Intended Appeal BETWEEN iiA T Iim L BANK OF COi-MERCE.____ APPLICANT AMD SADftUDIN MEGHJI ...... A .... RESPCMDBNT (Application for Revision of the High QOt*y*fc Deois-ion. iroai ttee the High Court of Tanzania, at Dar es Salaam, Kyando, J. -dated the 6th day of F-ebruary, 1996) in C i v i l Case Na. 224 o f 1994 Between SADRUDIi-i M E G H J I ............_ ............... .. PLAXM^XPF And IiATiOHAI> JBAilK OF C0^42RCS.............. * DEFJHDANX -tt«- »ati«aai <■»£ fee**©- repa^^waytad by Mr. Maira, learned advocate, was ordered by tb® High Court (Kyarrda,. J.) to pay a sura *%£ money ta the- present respondent, 3ADRUDIW MEGHJI, in this application advocated for by Mr. D* Kesaria, learned counsel. The applicant is now asking for a Stay of Execution pending the hearing of his application for Revision. Argument was spent by both counsel as to whether or not the High Court judgement was by cfhsent and whether the present state of the law allows Revision in the particular circumstances of the case. I propose to be very brief. The issues submitted on by learned advocates would, in my view, best be considered during the proposed hearing of the application for Revision. For the time being, taking into consideration, among other things, the fact that Mr. Kesaria’s contention is not controverted that the applicant had gone as far as committing itself in writing that it was processing the payment of t the decretal aoiount, which must have made the respondent rest assured that all was well, it isonly fair that, now that the- applicant is taking back itsword, ifStay of Execution is ordered the decretal amount should be deposited in Court to await the sorting out of the issues raised. I order that the execution of the judgement be stayed but on condition that the full decretal amount is paid into court by Tuesday, 16th April, 1997. I make no order as to costs. Dated at Dar es Salaam this 27th day of March, 1997. L. M. MAKAME JUSTICE OF APPEAL I certify that this is a true copy of the original.