20000915 TZCA Dar es Salaam

20000915 TZCA Dar es Salaam

The grounds advanced for review do not establish a prima facie likelihood of success, and Rule 3 does not provide for stay of execution pending review. Therefore, the application for stay is dismissed.

Citation
20000915 TZCA Dar es Salaam
Parties
Applicant: NBC Holding Corporation; Respondent: Gpace Ndeana
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
15 September 2000
Procedural Posture
Civil Application / Application for Stay of Execution Pending Review
Outcome
Application dismissed with costs
Legal Topics
Stay of Execution, Review of Judgment, Interest on Damages, Right to Be Heard
Source Language
English
Civil Procedure Stay of Execution Review of Judgment Interest on Damages Right to Be Heard

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Parties

NBC Holding Corporation

Applicant

Gpace Ndeana

Respondent

Procedural Posture

Civil Application / Application for Stay of Execution Pending Review

Legal Issues

  1. 1 Whether a stay of execution should be granted pending determination of an application for review
  2. 2 Whether the grounds for review have prima facie likelihood of success
  3. 3 Whether Rule 3 of the Court Rules applies to applications for stay pending review

Ratio Decidendi

The grounds advanced for review do not establish a prima facie likelihood of success, and Rule 3 does not provide for stay of execution pending review. Therefore, the application for stay is dismissed.

Court Disposition

Application dismissed with costs

Orders

  • Application for stay of execution pending review is dismissed
  • Applicant to pay costs