ECOBANK TANZANIA LIMITED VS. DOUBLE A CO. LIMITED 3 OTHERS. CIVIL APPLICATION NO. 178/16 OF 2021.

Abstract

Held: (i) The law is settled that for the full Court to grant a stay of execution, the check list of the requisite conditions stated under rule 11(4) (5) and (7) of the Rules should be satisfied cumulatively. The Court satisfied to hold that indeed unless the intended execution is stayed, the applicant stands to suffer irreparable loss, namely, the multi million bank loan allegedly defaulted by the respondents. (ii) If strictly our powers to stay of execution were restricted to the decrees directly issued by the High Court in its first instance sitting, in total disregard of the latter’s appellate, revisional, review and reference jurisdiction, the possibilities of the decree holders going out of the courts with empty decree which is a mockery of justice would be not be ruled out. For that consideration the Court settled that the copy of the said drawn order appended to this application suffices to be a decree sought to be executed, the Court granted the application with costs