international commercial bank ltd vs yusufu mulla another 2021 tzhccomd 3509 22 december 2021

international commercial bank ltd vs yusufu mulla another 2021 tzhccomd 3509 22 december 2021

The existence of a filed application for stay of execution at the Court of Appeal, regardless of alleged irregularities in service, is sufficient to warrant suspension of execution proceedings at the High Court pending the outcome of the application.

Citation
international commercial bank ltd vs yusufu mulla another 2021 tzhccomd 3509 22 december 2021
Parties
Decree Holder: International Commercial Bank (T) Ltd; 1st Judgment Debtor: Yusufu Mulla; 2nd Judgment Debtor: Shahidi Mulla
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
22 December 2021
Procedural Posture
Commercial Case / Ruling on Application to Suspend Execution Proceedings
Outcome
execution proceedings suspended
Legal Topics
Stay of Execution, Execution of Decree, Service of Notice, Pending Appeal
Source Language
English
Civil Procedure Banking Law Stay of Execution Execution of Decree Service of Notice Pending Appeal

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Parties

International Commercial Bank (T) Ltd

Decree Holder

Yusufu Mulla

1st Judgment Debtor

Shahidi Mulla

2nd Judgment Debtor

Procedural Posture

Commercial Case / Ruling on Application to Suspend Execution Proceedings

Legal Issues

  1. 1 Whether there is a pending application for stay of execution before the Court of Appeal justifying suspension of execution proceedings
  2. 2 Whether irregularities in service of notice of motion affect the pendency of the application for stay

Ratio Decidendi

The existence of a filed application for stay of execution at the Court of Appeal, regardless of alleged irregularities in service, is sufficient to warrant suspension of execution proceedings at the High Court pending the outcome of the application.

Court Disposition

execution proceedings suspended

Orders

  • Execution proceedings are hereby suspended pending the decision of the Court of Appeal on the application for stay of execution.
  • No order as to costs.