19921023 TZHC Dar es Salaam

19921023 TZHC Dar es Salaam

The court found that the issues of residence and the quantum of security for costs involved points of law and fact, justifying leave to appeal. The court also held that it had discretion under Order XLIII Rule 2 to entertain an oral application for stay of execution and exercised that discretion in favor of the applicants.

Citation
19921023 TZHC Dar es Salaam
Parties
Debtor: Arif Ahmed Elias; Debtor: Asif Ahmed Zeman; Petitioning Creditor: Reginald John Nolan; Petitioning Creditor: Transport Equipment Ltd.
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
23 October 1992
Procedural Posture
Bankruptcy / Ruling on Applications for Leave to Appeal and Stay of Execution
Outcome
leave to appeal granted; stay of execution granted; no order as to costs
Legal Topics
Security for Costs, Leave to Appeal, Stay of Execution, Residence of Creditors
Source Language
English
Bankruptcy Civil Procedure Security for Costs Leave to Appeal Stay of Execution Residence of Creditors

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Parties

Arif Ahmed Elias

Debtor

Asif Ahmed Zeman

Debtor

Reginald John Nolan

Petitioning Creditor

Transport Equipment Ltd.

Petitioning Creditor

Procedural Posture

Bankruptcy / Ruling on Applications for Leave to Appeal and Stay of Execution

Legal Issues

  1. 1 Whether petitioning creditors are resident abroad for purposes of Rule 33 of the Bankruptcy Rules
  2. 2 Whether the quantum of security for costs ordered was appropriate
  3. 3 Whether oral application for stay of execution is competent under Order XLIII Rule 2 of the Civil Procedure Code

Ratio Decidendi

The court found that the issues of residence and the quantum of security for costs involved points of law and fact, justifying leave to appeal. The court also held that it had discretion under Order XLIII Rule 2 to entertain an oral application for stay of execution and exercised that discretion in favor of the applicants.

Court Disposition

leave to appeal granted; stay of execution granted; no order as to costs

Orders

  • Leave to appeal to the Court of Appeal granted to petitioning creditors.
  • Order for payment of deposit of TZS 350,000,000 as security for costs stayed pending appeal.