20060405 TZCA Dar es Salaam

20060405 TZCA Dar es Salaam

Since Rule 9(2)(b) does not prescribe a limitation period and execution had not commenced, the application was not time barred; serious triable issues exist in the pending appeal, including jurisdiction, justifying a stay of execution.

Citation
20060405 TZCA Dar es Salaam
Parties
Applicant: Universal Electronics & Hardware Limited and two others; Respondent: N.B.C. Limited
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
5 April 2006
Procedural Posture
Civil Application for Stay of Execution / Ruling on Preliminary Objection and Merits of Application for Stay
Outcome
Stay of execution granted pending appeal; preliminary objection overruled.
Legal Topics
Stay of Execution, Limitation Periods, Jurisdiction, Security for Debt
Source Language
English
Civil Procedure Banking Law Stay of Execution Limitation Periods Jurisdiction Security for Debt

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Parties

Universal Electronics & Hardware Limited and two others

Applicant

N.B.C. Limited

Respondent

Procedural Posture

Civil Application for Stay of Execution / Ruling on Preliminary Objection and Merits of Application for Stay

Legal Issues

  1. 1 Whether the application for stay of execution is time barred
  2. 2 Whether stay of execution should be granted pending appeal

Ratio Decidendi

Since Rule 9(2)(b) does not prescribe a limitation period and execution had not commenced, the application was not time barred; serious triable issues exist in the pending appeal, including jurisdiction, justifying a stay of execution.

Court Disposition

Stay of execution granted pending appeal; preliminary objection overruled.

Orders

  • Stay of execution of the High Court decree pending determination of Civil Appeal No. 29 of 2005.
  • Costs of the application to abide the result of the appeal.