The applicant was a dealer in farming equipment based in Dar
es Salaam. The applicant, through its agent, one, Sanga t/a Lugano Stores based
within Mbarali District, Mbeya, entered into contract of sale of a tractor with
the Respondent. The Respondent found the tractor defective and it was not new
as per the terms of the contract. The Respondent jointly sued the applicant and
the agent in the High Court (Commercial Division) for breach of contract. The
relief prayed by the Respondent was either be given a new tractor in place of
the defective one or be refunded the purchasing price with interest and other
ancillary reliefs arising from the contract. The default judgment was entered
against the agent for failure to file written statement of defence. Finally,
the trial Court entered judgment against the applicant alone. Dissatisfied, the
applicant lodged an appeal. Since the institution of an appeal is not a bar to
the execution of decree, hence, applicant filed this application.