transport equipment ltd and another vs devram p valambia 1993 tzca 42 12 may 1993

Stay of execution is granted pending appeal because deprivation of liberty in satisfaction of a civil debt should be stayed when appeal to the highest court is available, and sufficient security has been provided.

Citation: transport equipment ltd and another vs devram p valambia 1993 tzca 42 12 may 1993
Parties: Applicant: Transport Equipment Ltd.; Applicant: Reginald John Nolan; Respondent: Nevram 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, Appeal, Security for Release
Source Language: English

Civil Procedure Human Rights Stay of Execution Civil Imprisonment Appeal Security for Release

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2 Amounts and remedies 1

Parties

Transport Equipment Ltd.

Applicant

Reginald John Nolan

Applicant

Nevram P. Valambhia

Respondent

Procedural Posture

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

Legal Issues

1 Whether a stay of execution of imprisonment pending appeal should be granted
2 Whether defects in affidavit supporting application are fatal
3 Whether security offered is sufficient for release

Ratio Decidendi

Court Disposition

stay of execution granted pending appeal

Orders

Applicant's passport to be surrendered to Senior Deputy Registrar of Court of Appeal
Two properties to form security for release