tanzania electric supply co ltd vs dowans holdings sa costa rica another 2012 tzhc 182 6 september 2012

tanzania electric supply co ltd vs dowans holdings sa costa rica another 2012 tzhc 182 6 september 2012

The High Court lacks jurisdiction to entertain an application for stay of execution after a notice of appeal has been filed; such jurisdiction vests exclusively in the Court of Appeal under the relevant rules.

Citation
tanzania electric supply co ltd vs dowans holdings sa costa rica another 2012 tzhc 182 6 september 2012
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
Legal Topics
Stay of Execution, Jurisdiction of High Court After Notice of Appeal, Enforcement of Arbitral Awards
Source Language
English
Civil Procedure Arbitration Stay of Execution Jurisdiction of High Court After Notice of Appeal 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 after a notice of appeal has been filed
  2. 2 Whether stay of execution should be granted 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 jurisdiction vests exclusively in the Court of Appeal under the relevant rules.

Court Disposition

application dismissed

Orders

  • application for stay of execution is dismissed
  • no order as to costs