20150422 TZCA Dar es Salaam

20150422 TZCA Dar es Salaam

The application for stay of execution is incompetent because it is not accompanied by a notice of appeal against the order of 29th July 2014, which is the order sought to be stayed. The notice of appeal on record relates to a different order dated 16th October 2014. This defect deprives the court of jurisdiction to entertain the application.

Citation
20150422 TZCA Dar es Salaam
Parties
Applicant: Vodacom Tanzania Limited; Respondent: FTS Services Limited
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
22 April 2015
Procedural Posture
Civil Application / Ruling on Preliminary Objections to Application for Stay of Execution
Outcome
Application struck out for incompetency with costs.
Legal Topics
Stay of Execution, Arbitral Award Enforcement, Notice of Appeal, Limitation Periods
Source Language
English
Civil Procedure Arbitration Stay of Execution Arbitral Award Enforcement Notice of Appeal Limitation Periods

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Parties

Vodacom Tanzania Limited

Applicant

FTS Services Limited

Respondent

Procedural Posture

Civil Application / Ruling on Preliminary Objections to Application for Stay of Execution

Legal Issues

  1. 1 Whether the application for stay of execution is competent without a notice of appeal against the order sought to be stayed
  2. 2 Whether the order of 29th July 2014 is executable and appealable
  3. 3 Whether the application for stay was filed within the prescribed time limit

Ratio Decidendi

The application for stay of execution is incompetent because it is not accompanied by a notice of appeal against the order of 29th July 2014, which is the order sought to be stayed. The notice of appeal on record relates to a different order dated 16th October 2014. This defect deprives the court of jurisdiction to entertain the application.

Court Disposition

Application struck out for incompetency with costs.

Orders

  • The application for stay of execution is struck out for incompetency.
  • Applicant to pay costs.