CIVIL APPLICATION NO 194 16 OF 2024 TEMA ENTERPRISES LIMITED VS TANZANIA CIGARETTE PUBLIC COMPANY LIMITED ANOTHER

CIVIL APPLICATION NO 194 16 OF 2024 TEMA ENTERPRISES LIMITED VS TANZANIA CIGARETTE PUBLIC COMPANY LIMITED ANOTHER

The applicant satisfied all mandatory requirements under rule 11 for a stay of execution. The omission to attach a letter to the Registrar is not fatal, as it is not required by rule 11(7). There is no court order striking out the notice of appeal; thus, the application is granted to prevent the intended appeal from being rendered nugatory.

Citation
CIVIL APPLICATION NO 194 16 OF 2024 TEMA ENTERPRISES LIMITED VS TANZANIA CIGARETTE PUBLIC COMPANY LIMITED ANOTHER
Parties
Applicant: Tema Enterprises Limited; 1st Respondent: Tanzania Cigarette Public Company Limited; 2nd Respondent: Foster and Company Limited
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2024
Procedural Posture
Civil Application / Application for Stay of Execution Pending Appeal
Outcome
Application allowed
Legal Topics
Stay of Execution, Appeals, Security for Due Performance
Source Language
English
Civil Procedure Commercial Law Stay of Execution Appeals Security for Due Performance

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Parties

Tema Enterprises Limited

Applicant

Tanzania Cigarette Public Company Limited

1st Respondent

Foster and Company Limited

2nd Respondent

Procedural Posture

Civil Application / Application for Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether the applicant satisfied the conditions for stay of execution under rule 11 of the Tanzania Court of Appeal Rules, 2009
  2. 2 Whether failure to attach a letter requesting appeal documents invalidates the application for stay

Ratio Decidendi

The applicant satisfied all mandatory requirements under rule 11 for a stay of execution. The omission to attach a letter to the Registrar is not fatal, as it is not required by rule 11(7). There is no court order striking out the notice of appeal; thus, the application is granted to prevent the intended appeal from being rendered nugatory.

Court Disposition

Application allowed

Orders

  • Stay of execution of the judgment and decree of the High Court of Tanzania, Commercial Division in Commercial Case No. 17 of 2022, dated 2nd June, 2023, pending determination of the intended appeal.
  • Applicant to deposit with the Registrar an irrevocable bank guarantee of TZS 172,240,699.50 within sixty days, valid for twenty-four months and renewable until the appeal is determined.