The applicant lodged this application for stay of execution
of the decree of the High Court of Tanzania (Commercial Division) at Dar es
Salaam pending the hearing and determination of the intended appeal. Before
hearing of the application, it transpired that the Respondent’s advocates did
not file a reply to the written submissions of the applicant in terms of sub
rule (8) of rule 106 of the Court of Appeal Rules, 2009. The issue before the
Court was whether failure to file written submission in reply occasioned a
miscarriage of justice.