tulip tanzania limited vs alab contractors company limited 2023 tzca 17756 13 october 2023

tulip tanzania limited vs alab contractors company limited 2023 tzca 17756 13 october 2023

The applicant satisfied the requirements for stay of execution by timely filing, demonstrating potential irreparable loss, and undertaking to provide security. The stay is granted subject to provision of a bank guarantee for the decretal sum within 60 days.

Citation
tulip tanzania limited vs alab contractors company limited 2023 tzca 17756 13 october 2023
Parties
Applicant: Tulip Tanzania Limited; 1st Respondent: Alab Contractors Company Limited; 2nd Respondent: Muzamil Hussain
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
13 October 2023
Procedural Posture
Civil Application for Stay of Execution / Ruling on Application for Stay of Execution Pending Appeal
Outcome
Application for stay of execution granted subject to provision of security.
Legal Topics
Stay of Execution, Security for Due Performance, Appeal Process, Corporate Veil
Source Language
English
Civil Procedure Stay of Execution Security for Due Performance Appeal Process Corporate Veil

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Parties

Tulip Tanzania Limited

Applicant

Alab Contractors Company Limited

1st Respondent

Muzamil Hussain

2nd Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the applicant is entitled to an order for stay of execution pending appeal
  2. 2 Whether the applicant will suffer irreparable loss if stay is not granted
  3. 3 Whether the applicant has undertaken to provide security for due performance

Ratio Decidendi

The applicant satisfied the requirements for stay of execution by timely filing, demonstrating potential irreparable loss, and undertaking to provide security. The stay is granted subject to provision of a bank guarantee for the decretal sum within 60 days.

Court Disposition

Application for stay of execution granted subject to provision of security.

Orders

  • Stay of execution of the High Court judgment and decree in Civil Case No. 211 of 2017 granted, pending appeal.
  • Applicant to provide a bank guarantee for TZS 837,195,574.00 within 60 days from the date of ruling.