| dc.description | GM CROSS AFRICA LIMITED VERSUS FIRST NATIONAL BANK TANZANIA LIMITED AND OTHERS COURT OF APPEAL OF TANZANIA (CORAM: MUGASHA. J.A.. GALEBA. J.A.. And MASHAKA, J.A. CIVIL APPLICATION NO. 284/17 OF 2019
[Revision of the Proceedings and Order of the High Court of Tanzania at Dar-es-salaam dated the 14th day of May, 2020 in Land Case No. 307 of 2016]
Civil Procedure and Practice – Stay of execution -Conditions for stay
Following a dismissal of Land case no. 307 of 2016 by the High Court on14/5/2020, the applicant who is desirous of challenging the impugned decision, has brought the present application seeking the indulgence of the Court to stay execution of the decree and Judgment in Land Case No.307 of 2016 pending the determination of the intended appeal before the Court. The application is predicated under Rules 11 (3), 4 (2) (a), (b) (c) and 48 (1) of the Tanzania Court of Appeal Rules, 2009.
Held;
i. the Court is mandated to stay execution of a decree or order of the High Court or Tribunal which is about to be executed while there is a pending appeal against such decree or order.
ii. It is settled law that, a stay to execute a decree or order, can only be made in respect of an executable decree or order given by a court or tribunal.
Application struck out.
Laws cited
i. Rules 11 (3), 4 (2) (a), (b) (c) and 48 (1) of the Tanzania Court of Appeal Rules, 2009
Cases cited
i. CATHERINE HONORATI VS CRDB BANK PLC AND TWO OTHERS, Civil Application No. 42 of 2016 (unreported).
ii. ATHANAS ALBERT AND FOUR OTHERS VS TUMAINI UNIVERSITY COLLEGE[2001] TLR 63.
iii. PATEL TRADING COMPANY [1961] LIMITED AND ANOTHER VS BAKARI WEMA t/a SISI KWA SISI PANEL BEATING ENTERPRISES LIMITED, Civil Application No. 19 of 2014,
iv. QUALITY GROUP LIMITED VS TANZANIA BUILDINGS AGENCY, Civil Application No. 69 of 2014
v. KEITH HORAN AND THREE OTHERS VS ZAMEER SHERALI RASHID, Civil Application No. 230/15 of 2019, | en_US |
