20050203 TZCA Dar es Salaam

20050203 TZCA Dar es Salaam

Stay of execution granted because the respondent is a foreign company with no assets in Tanzania, making recovery difficult if the appeal succeeds, and there is no reciprocal enforcement arrangement with the Democratic Republic of Congo. Refusal to grant stay would render the appeal nugatory.

Citation
20050203 TZCA Dar es Salaam
Parties
Applicant: SDV TRANSMI (TANZANIA) LIMITED; Respondent: MS STE DATCO
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
3 February 2005
Procedural Posture
Civil Application for Stay of Execution / Ruling on Application for Stay of Execution Pending Appeal
Outcome
Application for stay of execution allowed.
Legal Topics
Stay of Execution, Irreparable Loss, Balance of Convenience, Foreign Judgment Enforcement
Source Language
English
Civil Procedure Commercial Law Stay of Execution Irreparable Loss Balance of Convenience Foreign Judgment Enforcement

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Parties

SDV TRANSMI (TANZANIA) LIMITED

Applicant

MS STE DATCO

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether to grant a stay of execution of the High Court's decree pending appeal
  2. 2 Whether refusal to grant stay would cause irreparable loss or render appeal nugatory
  3. 3 Whether balance of convenience favors granting stay

Ratio Decidendi

Stay of execution granted because the respondent is a foreign company with no assets in Tanzania, making recovery difficult if the appeal succeeds, and there is no reciprocal enforcement arrangement with the Democratic Republic of Congo. Refusal to grant stay would render the appeal nugatory.

Court Disposition

Application for stay of execution allowed.

Orders

  • Execution of the judgment and decree of the High Court (Commercial Division) dated 25th May, 2004 and any subsequent orders are stayed pending determination of Civil Appeal No. 125 of 2004.
  • Costs to follow the event.