sodetra sprl t limited vs usangu logistic limited another 2022 tzhccomd 153 2 june 2022

sodetra sprl t limited vs usangu logistic limited another 2022 tzhccomd 153 2 june 2022

Mere pendency of a suit or application before the Court of Appeal does not operate as an automatic stay of execution, and the executing court lacks jurisdiction to grant a stay in the absence of a formal application and where no suit is pending before it.

Citation
sodetra sprl t limited vs usangu logistic limited another 2022 tzhccomd 153 2 june 2022
Parties
Decree Holder: SODETRA (SPRL) LIMITED; 1st Judgment Debtor: USANGU LOGISTIC (T) LIMITED; 2nd Judgment Debtor: BENSON MWALUSAMBA
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
2 June 2022
Procedural Posture
Execution Proceedings / Ruling on Application for Stay of Execution
Outcome
application for stay of execution dismissed
Legal Topics
Stay of Execution, Jurisdiction of Executing Court, Pendency of Appeal
Source Language
English
Civil Procedure Commercial Law Stay of Execution Jurisdiction of Executing Court Pendency of Appeal

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Parties

SODETRA (SPRL) LIMITED

Decree Holder

USANGU LOGISTIC (T) LIMITED

1st Judgment Debtor

BENSON MWALUSAMBA

2nd Judgment Debtor

Procedural Posture

Execution Proceedings / Ruling on Application for Stay of Execution

Legal Issues

  1. 1 Whether mere pendency of a suit or application before the Court of Appeal operates as an automatic stay of execution
  2. 2 Whether the executing court has jurisdiction to grant a stay of execution in the absence of a formal application

Ratio Decidendi

Mere pendency of a suit or application before the Court of Appeal does not operate as an automatic stay of execution, and the executing court lacks jurisdiction to grant a stay in the absence of a formal application and where no suit is pending before it.

Court Disposition

application for stay of execution dismissed

Orders

  • Judgment debtors failed to show cause; execution to proceed.