20161121 tzhc arusha 2

20161121 tzhc arusha 2

The application for stay of execution is misconceived and incompetent because there is no pending appeal before the court, as the appeal was withdrawn by consent of parties. The court cannot entertain an application for stay of execution in the absence of a pending appeal.

Citation
20161121 tzhc arusha 2
Parties
Applicant: Yusuph M. Kakwaya; 1st Respondent: Salama Pharmaceuticals Ltd; 2nd Respondent: First World Investment Court Broker
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
21 November 2016
Procedural Posture
Misc. Civil Application / Ruling on Application for Stay of Proceedings
Outcome
Application dismissed
Legal Topics
Stay of Execution, Company Law, Lifting the Corporate Veil, Attachment of Property, Consent Judgment
Source Language
English
Civil Procedure Stay of Execution Company Law Lifting the Corporate Veil Attachment of Property Consent Judgment

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Parties

Yusuph M. Kakwaya

Applicant

Salama Pharmaceuticals Ltd

1st Respondent

First World Investment Court Broker

2nd Respondent

Procedural Posture

Misc. Civil Application / Ruling on Application for Stay of Proceedings

Legal Issues

  1. 1 Whether the court can grant a stay of execution when no appeal is pending
  2. 2 Whether attachment and sale of applicant's personal residential property is lawful under the decree against the company
  3. 3 Applicability of the doctrine of lifting the corporate veil in execution proceedings

Ratio Decidendi

The application for stay of execution is misconceived and incompetent because there is no pending appeal before the court, as the appeal was withdrawn by consent of parties. The court cannot entertain an application for stay of execution in the absence of a pending appeal.

Court Disposition

Application dismissed

Orders

  • No order as to costs