transport equipment another vs devram pvalambhia 1993 tzca 43 12 may 1993

transport equipment another vs devram pvalambhia 1993 tzca 43 12 may 1993

Stay of execution of civil imprisonment pending appeal is granted because deprivation of individual freedom in satisfaction of civil debt should be stayed pending decision of highest court, especially as Tanzania is party to international instrument prohibiting civil imprisonment.

Citation
transport equipment another vs devram pvalambhia 1993 tzca 43 12 may 1993
Parties
Applicant: Transport Equipment Ltd.; Applicant: Reginald John Nolan; Respondent: Devram P. Valambhia
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
12 May 1993
Procedural Posture
Application for Stay of Execution / Ruling on Application for Stay Pending Appeal
Outcome
stay of execution granted pending appeal
Legal Topics
Stay of Execution, Civil Imprisonment, Security for Release, International Covenant Compliance
Source Language
English
Civil Procedure Human Rights Stay of Execution Civil Imprisonment Security for Release International Covenant Compliance

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Parties

Transport Equipment Ltd.

Applicant

Reginald John Nolan

Applicant

Devram P. Valambhia

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether stay of execution of civil imprisonment pending appeal should be granted
  2. 2 Whether defects in affidavit bar amendment
  3. 3 Whether security offered is sufficient for release

Ratio Decidendi

Stay of execution of civil imprisonment pending appeal is granted because deprivation of individual freedom in satisfaction of civil debt should be stayed pending decision of highest court, especially as Tanzania is party to international instrument prohibiting civil imprisonment.

Court Disposition

stay of execution granted pending appeal

Orders

  • Stay of execution of imprisonment granted pending appeal.
  • Two properties (Title No. 31689 and Title No. 38233) to form securities.