20051020 TZCA Dar es Salaam2

A negative order dismissing a civil revision is not executable and therefore an application for stay of execution in respect of such an order is incompetent.

Citation: 20051020 TZCA Dar es Salaam2
Parties: Applicant: Mabruck Mengele; 1st Respondent: Vernon David Law; 2nd Respondent: Another (2nd Respondent, landlord)
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 20 October 2005
Procedural Posture: Civil Application / Application for Stay of Execution Pending Appeal
Outcome: Application dismissed with costs
Legal Topics: Stay of Execution, Negative Orders, Appellate Jurisdiction
Source Language: English

Civil Procedure Stay of Execution Negative Orders Appellate Jurisdiction

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Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2

Parties

Mabruck Mengele

Applicant

Vernon David Law

1st Respondent

Another (2nd Respondent, landlord)

2nd Respondent

Procedural Posture

Civil Application / Application for Stay of Execution Pending Appeal

Legal Issues

1 Whether a negative order dismissing a civil revision is capable of being stayed pending appeal

Ratio Decidendi

A negative order dismissing a civil revision is not executable and therefore an application for stay of execution in respect of such an order is incompetent.

Court Disposition

Application dismissed with costs

Orders

Application for stay of execution is dismissed with costs