sm saeed limited vs corporative security limited 2 others 2022 tzhclandd 46 23 february 2022

The High Court has no jurisdiction to entertain the application for stay of execution due to the pending appeal at the Court of Appeal, as established by the lodging of a Notice of Appeal.

Citation: sm saeed limited vs corporative security limited 2 others 2022 tzhclandd 46 23 february 2022
Parties: Applicant: S.M. Saeed Limited; 1st Respondent: Corporate Security Ltd; 2nd Respondent: Mrs. Parviz Azad Poonja Bhanji; 3rd Respondent: Equity Bank Tanzania Ltd
Court: TANZLII
Jurisdiction: Tanzania
Judgment Date: 23 February 2022
Procedural Posture: Miscellaneous Land Application / Ruling on Preliminary Objection
Outcome: Application struck out with costs
Legal Topics: Stay of Execution, Jurisdiction, Preliminary Objection
Source Language: English

Civil Procedure Land Law Stay of Execution Jurisdiction Preliminary Objection

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Parties

S.M. Saeed Limited

Applicant

Corporate Security Ltd

1st Respondent

Mrs. Parviz Azad Poonja Bhanji

2nd Respondent

Equity Bank Tanzania Ltd

3rd Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Preliminary Objection

Legal Issues

1 Whether the High Court has jurisdiction to entertain the application for stay of execution when a Notice of Appeal has been lodged to the Court of Appeal
2 Whether the application is premature due to absence of an executable decree

Ratio Decidendi

The High Court has no jurisdiction to entertain the application for stay of execution due to the pending appeal at the Court of Appeal, as established by the lodging of a Notice of Appeal.

Court Disposition

Application struck out with costs

Orders

Application struck out
Applicant to pay costs