prada enterprises co limited vs joyce alex khalid others 2023 tzca 17468 3 august 2023

prada enterprises co limited vs joyce alex khalid others 2023 tzca 17468 3 august 2023

There was no executable decree arising from the High Court's dismissal of the suit; therefore, there was nothing to stay. Additionally, the Court of Appeal lacks jurisdiction to grant injunctive or restraining orders in appellate matters.

Citation
prada enterprises co limited vs joyce alex khalid others 2023 tzca 17468 3 august 2023
Parties
Applicant: Prada Enterprises Co. Limited; 1st Respondent: Joyce Alex Khalid; 2nd Respondent: Rehema Alex Khalid; 3rd Respondent: Angela Alex Khalid
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
3 August 2023
Procedural Posture
Civil Application for Stay of Execution / Ruling on Application for Stay of Execution Pending Appeal
Outcome
Application struck out with costs
Legal Topics
Stay of Execution, Injunctions, Executability of Decree
Source Language
English
Civil Procedure Land Law Stay of Execution Injunctions Executability of Decree

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Parties

Prada Enterprises Co. Limited

Applicant

Joyce Alex Khalid

1st Respondent

Rehema Alex Khalid

2nd Respondent

Angela Alex Khalid

3rd Respondent

Procedural Posture

Civil Application for Stay of Execution / Ruling on Application for Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether there is an executable decree capable of being stayed
  2. 2 Whether the Court of Appeal has jurisdiction to grant injunctive orders in appellate matters

Ratio Decidendi

There was no executable decree arising from the High Court's dismissal of the suit; therefore, there was nothing to stay. Additionally, the Court of Appeal lacks jurisdiction to grant injunctive or restraining orders in appellate matters.

Court Disposition

Application struck out with costs

Orders

  • The application for stay of execution is struck out with costs.