promech ltd vs salmans transport co ltd 2020 tzhccomd 45 19 may 2020

promech ltd vs salmans transport co ltd 2020 tzhccomd 45 19 may 2020

The application for stay of execution was overtaken by events because the default judgment had already been set aside in a separate application.

Citation
promech ltd vs salmans transport co ltd 2020 tzhccomd 45 19 may 2020
Parties
Applicant: Promech Limited; Respondent: Salman's Transport Co. Ltd
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
19 May 2020
Procedural Posture
Miscellaneous Commercial Application / Ruling on Application to Stay Default Judgment Pending Determination of Application to Set Aside Default Judgment
Outcome
Application overtaken by events; no order as to stay required.
Legal Topics
Stay of Execution, Default Judgment, Setting Aside Judgment, Preliminary Objection
Source Language
English
Civil Procedure Commercial Law Stay of Execution Default Judgment Setting Aside Judgment Preliminary Objection

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Parties

Promech Limited

Applicant

Salman's Transport Co. Ltd

Respondent

Procedural Posture

Miscellaneous Commercial Application / Ruling on Application to Stay Default Judgment Pending Determination of Application to Set Aside Default Judgment

Legal Issues

  1. 1 Whether the application to stay the default judgment and decree is maintainable after the default judgment has already been set aside

Ratio Decidendi

The application for stay of execution was overtaken by events because the default judgment had already been set aside in a separate application.

Court Disposition

Application overtaken by events; no order as to stay required.