20170302 TZCA Dar es Salaam

20170302 TZCA Dar es Salaam

The application is dismissed because it is res judicata, has been overtaken by events as the decree has already been executed, and is brought under incorrect legal provisions.

Source-derived case information.

Citation
20170302 TZCA Dar es Salaam
Parties
Applicant: Panda Enterprises Company Ltd; Respondent: Omar Rajabu Khatibu; Respondent: Ali Ussi Ali; Respondent: Khamis Makame Ali; Respondent: Mashaallah Shipping Co. Ltd; Respondent: Idrissa Silima Pandu
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
2 March 2017
Procedural Posture
Civil Application / Ruling
Outcome
dismissed with costs
Legal Topics
Stay of Execution, Res Judicata, Execution of Decree
Source Language
english
Civil Procedure Stay of Execution Res Judicata Execution of Decree

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Panda Enterprises Company Ltd

Applicant

Omar Rajabu Khatibu

Respondent

Ali Ussi Ali

Respondent

Khamis Makame Ali

Respondent

Mashaallah Shipping Co. Ltd

Respondent

Idrissa Silima Pandu

Respondent

Procedural Posture

Civil Application / Ruling

Legal Issues

  1. 1 Whether the application for stay of execution is maintainable given prior dismissal of a similar application
  2. 2 Whether the application is res judicata
  3. 3 Whether the decree has already been executed rendering the application moot

Ratio Decidendi

The application is dismissed because it is res judicata, has been overtaken by events as the decree has already been executed, and is brought under incorrect legal provisions.

Court Disposition

dismissed with costs

Orders

  • The application is dismissed with costs.