National Bank of Commerce Limited versus Stephen Kyando; Misc Commercial Application No. 299 of 2015: High Court of Tanzania (Commercial Division) at Dar es Salaam (Unreported).
- Commercial Court Rules
- Appeal – Appeal to the Commercial Court- What is the procedure?
- Stay of execution- Application for stay of execution in the Commercial Court for decisions of subordinate Courts- What is the procedure?
Held:-
(i) Under the High Court Commercial Court Rules, an appeal is made by filing a notice of appeal within 14 days from the date the decision is made. The memorandum of appeal shall only be lodged in court within 30 days from the date the appellant /applicant is, and the respondent is notified by the court in Form No. 6 that the certified copies of proceedings, judgment and decree are ready.
(ii) Since an appeal in the High Court Commercial Division is initiated by lodging a notice of appeal, once the notice of appeal is in existence, a party can apply for orders of stay of execution pending the intended appeal.