asac care unit ltd others vs national bank of commerce another 2019 tzhccomd 173 4 september 2019

asac care unit ltd others vs national bank of commerce another 2019 tzhccomd 173 4 september 2019

The application for stay of execution fails because there is no pending suit, application for review, revision, or appeal to justify the stay. The only ground raised was the existence of a pending case, which is factually incorrect as Misc. Commercial Application No. 319 of 2015 was dismissed.

Citation
asac care unit ltd others vs national bank of commerce another 2019 tzhccomd 173 4 september 2019
Parties
Applicant/judgment Debtor: ASAC Care Unit Ltd; Applicant/judgment Debtor: Ayoub Salehe Chamshama; Applicant/judgment Debtor: Soud Ayoub Chamshama; Applicant/judgment Debtor: Badru Ayoub Salehe; Applicant/judgment Debtor: Eshe Ayoub Chamshama; Respondent/decree Holder: National Bank of Commerce Ltd; Respondent/decree Holder: CDJ Classic Group Limited
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
4 September 2019
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Stay of Execution
Outcome
Application dismissed with costs
Legal Topics
Stay of Execution, Execution of Decrees, Proclamation of Sale, Pending Proceedings
Source Language
English
Civil Procedure Commercial Law Stay of Execution Execution of Decrees Proclamation of Sale Pending Proceedings

Case Brief

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Parties

ASAC Care Unit Ltd

Applicant/judgment Debtor

Ayoub Salehe Chamshama

Applicant/judgment Debtor

Soud Ayoub Chamshama

Applicant/judgment Debtor

Badru Ayoub Salehe

Applicant/judgment Debtor

Eshe Ayoub Chamshama

Applicant/judgment Debtor

National Bank of Commerce Ltd

Respondent/decree Holder

CDJ Classic Group Limited

Respondent/decree Holder

Procedural Posture

Miscellaneous Civil Application / Ruling on Application for Stay of Execution

Legal Issues

  1. 1 Whether there is a pending application or suit justifying a stay of execution
  2. 2 Whether the proclamation of sale is valid or an abuse of process

Ratio Decidendi

The application for stay of execution fails because there is no pending suit, application for review, revision, or appeal to justify the stay. The only ground raised was the existence of a pending case, which is factually incorrect as Misc. Commercial Application No. 319 of 2015 was dismissed.

Court Disposition

Application dismissed with costs

Orders

  • Application for stay of execution is dismissed
  • Applicants to pay costs