20071106 TZCA Dar es Salaam2

20071106 TZCA Dar es Salaam2

The applicant demonstrated a risk of irreparable loss and that balance of convenience favored a stay, as execution would disrupt its budget and recovery from the respondent would be uncertain if the appeal succeeded. The likelihood of success was not determinative at this stage.

Citation
20071106 TZCA Dar es Salaam2
Parties
Applicant: University Computing Centre Limited; Respondent: Oysterbay Hospital Limited
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
6 November 2007
Procedural Posture
Civil Application / Application for Stay of Execution Pending Appeal
Outcome
application granted
Legal Topics
Stay of Execution, Irreparable Loss, Balance of Convenience, Damages, Appeal Procedure
Source Language
English
Civil Procedure Contract Law Stay of Execution Irreparable Loss Balance of Convenience Damages Appeal Procedure

Case Brief

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Parties

University Computing Centre Limited

Applicant

Oysterbay Hospital Limited

Respondent

Procedural Posture

Civil Application / Application for Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether to grant a stay of execution pending appeal
  2. 2 Whether the applicant will suffer irreparable loss if stay is not granted
  3. 3 Whether balance of convenience favors the applicant

Ratio Decidendi

The applicant demonstrated a risk of irreparable loss and that balance of convenience favored a stay, as execution would disrupt its budget and recovery from the respondent would be uncertain if the appeal succeeded. The likelihood of success was not determinative at this stage.

Court Disposition

application granted

Orders

  • Execution of the decree in Commercial Case No. 5 of 2006 of the High Court (Commercial Division) is stayed pending hearing and determination of the intended appeal.
  • Costs will be in the cause.