| dc.description | TANGANYIKA WATTLE COMPANY LIMITED V. DOLPHON BAY CHEMICALS (PTY) LTD
COURT OF APPEAL OF TANZANIA AT DAR ES SALAAM (Mwarija, Kitusi, and Makungu, JJ.A.) CIVIL APPLICATION NO.521 OF 2020.
(Application for stay of the Decree of the High Court of Tanzania, Commercial Division of Dar es Salaam, Magoiga, J dated 13th December,2019 in Commercial Cause No.11 of 2019)
Civil practice and Procedure-Decree-Stay of execution-security for performance.
This is application emanated from High Court, Commercial Division, at Dar es salaam, whereby the applicant Tanzania Wattle Company Limited by a notice of motion lodged on 8/12/2020, moved the Court seeking an order for staying of execution of the decree of the High Court (Commercial Division) arising from the petition in which the applicant had challenged registration of foreign arbitral award made in favour of the respondent, Dolphin Bay Chemicals (PTY) Limited. In the arbitration which was conducted in Cape Town, South Africa by Terene Matzdorff, Arbitrator, the respondent was awarded USD 90,215.00 with interest for the applicant's breach of agreement for purchase of preservatives from the respondent. In its ruling, the High Court (Commercial Division) dismissed the petition and proceeded to give an order for registration of the award. It consequently issued a decree in respect of the awarded amount of USD 90,215.00 plus interest at the rate of 10% per annum. The respondent was also awarded costs. The applicant was aggrieved and therefore, filed a notice of appeal followed by the application at hand.
Held;
(i) When all requisite conditions are met the Court has to grant the stay of execution.
(ii) The application which has not contested, has merit.
Application allowed
Staturory provision referred to;
(1) Rule 11(5) of the Tanzania Court of Appeal Rules,
Mr.Bakari Juma for the Applicant
Mr. Gerald Shita Nangi for the Respondent. | en_US |
