tanzindia assurance company limited another vs richard augustine zuberi 2019 tzhc 278 18 september 2019

tanzindia assurance company limited another vs richard augustine zuberi 2019 tzhc 278 18 september 2019

The court found genuine reasons to grant an ex-parte interim stay to prevent irreparable harm and preserve the rationale of the pending appeal.

Citation
tanzindia assurance company limited another vs richard augustine zuberi 2019 tzhc 278 18 september 2019
Parties
1st Applicant: Tanzania Assurance Company Limited; 2nd Applicant: CMC Automobile Limited; Respondent: Richard Augustine Zuberi
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
18 September 2019
Procedural Posture
Miscellaneous Civil Application / Ex Parte Interim Order for Stay of Execution
Outcome
Ex-parte interim stay of execution granted.
Legal Topics
Stay of Execution, Garnishee Order, Interim Relief
Source Language
English
Civil Procedure Stay of Execution Garnishee Order Interim Relief

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Parties

Tanzania Assurance Company Limited

1st Applicant

CMC Automobile Limited

2nd Applicant

Richard Augustine Zuberi

Respondent

Procedural Posture

Miscellaneous Civil Application / Ex Parte Interim Order for Stay of Execution

Legal Issues

  1. 1 Whether an ex-parte interim order for stay of execution should be granted pending appeal

Ratio Decidendi

The court found genuine reasons to grant an ex-parte interim stay to prevent irreparable harm and preserve the rationale of the pending appeal.

Court Disposition

Ex-parte interim stay of execution granted.

Orders

  • Garnishee order to attach applicant's Account No. 96010200000579 Bank of Baroda is stayed pending hearing and determination of the application inter-parties.
  • Mention scheduled for 30/9/2019.