20120906 TZHC Dar es Salaam

20120906 TZHC Dar es Salaam

The High Court lacks jurisdiction to entertain an application for stay of execution after a Notice of Appeal has been filed; such power is vested exclusively in the Court of Appeal under the current rules.

Citation
20120906 TZHC Dar es Salaam
Parties
Applicant: Tanzania Electric Supply Co. Ltd.; 1st Respondent: Dowans Holdings SA (Costa Rica); 2nd Respondent: Dowans Tanzania Ltd.
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
6 September 2012
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Stay of Execution Pending Appeal
Outcome
Application dismissed for want of jurisdiction.
Legal Topics
Stay of Execution, Jurisdiction, Enforcement of Arbitral Awards
Source Language
English
Civil Procedure Arbitration Stay of Execution Jurisdiction Enforcement of Arbitral Awards

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Parties

Tanzania Electric Supply Co. Ltd.

Applicant

Dowans Holdings SA (Costa Rica)

1st Respondent

Dowans Tanzania Ltd.

2nd Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the High Court has jurisdiction to grant stay of execution pending appeal after a Notice of Appeal has been filed
  2. 2 Whether the applicant should be granted stay of execution pending appeal and on what terms

Ratio Decidendi

The High Court lacks jurisdiction to entertain an application for stay of execution after a Notice of Appeal has been filed; such power is vested exclusively in the Court of Appeal under the current rules.

Court Disposition

Application dismissed for want of jurisdiction.

Orders

  • No order as to costs.