christopher ritte vs shivacom t ltd 2012 tzhccomd 36 31 july 2012

christopher ritte vs shivacom t ltd 2012 tzhccomd 36 31 july 2012

The application is incompetent for citing the wrong provisions of law (Order XXI Rules 24(1), 27, and section 95 CPC), as the correct provision is Rule 11(2)(b) of the Court of Appeal Rules, 2009. The High Court retains jurisdiction to grant stay of execution where only a notice of appeal has been lodged, but the application must be properly grounded in law.

Citation
christopher ritte vs shivacom t ltd 2012 tzhccomd 36 31 july 2012
Parties
Applicant/judgment Debtor: Christopher Ritte t/a DGS Agency; Respondent/decree Holder: Shivacom Tanzania Limited
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
31 July 2012
Procedural Posture
Application for Stay of Execution / Ruling on Application for Stay Pending Appeal
Outcome
application struck out with costs
Legal Topics
Stay of Execution, Appeals, Jurisdiction, Application of Procedural Rules
Source Language
English
Civil Procedure Commercial Law Stay of Execution Appeals Jurisdiction Application of Procedural Rules

Case Brief

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Parties

Christopher Ritte t/a DGS Agency

Applicant/judgment Debtor

Shivacom Tanzania Limited

Respondent/decree Holder

Procedural Posture

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

Legal Issues

  1. 1 Whether the application for stay of execution was made under the correct legal provisions
  2. 2 Whether the High Court or the Court of Appeal has jurisdiction to grant stay of execution when only a notice of appeal has been lodged

Ratio Decidendi

The application is incompetent for citing the wrong provisions of law (Order XXI Rules 24(1), 27, and section 95 CPC), as the correct provision is Rule 11(2)(b) of the Court of Appeal Rules, 2009. The High Court retains jurisdiction to grant stay of execution where only a notice of appeal has been lodged, but the application must be properly grounded in law.

Court Disposition

application struck out with costs

Orders

  • The application for stay of execution is struck out for citing wrong provisions of law.
  • Costs awarded to the respondent.