20061116 TZCA Dar es Salaam2

20061116 TZCA Dar es Salaam2

The application for stay of execution was dismissed because the transfer sought to be stayed had already been effected, rendering the application moot and overtaken by events.

Citation
20061116 TZCA Dar es Salaam2
Parties
Applicant: Bahadur Ebrahim Shamji; 1st Respondent: Al Noor Shariff Jamal; 2nd Respondent: Roodvlas Limited; 3rd Respondent: Sanjay Pandit; 4th Respondent: Susan Pandit
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
16 November 2006
Procedural Posture
Civil Application for Stay of Execution / Ruling on Application for Stay of Execution Pending Appeal
Outcome
Application dismissed with costs
Legal Topics
Stay of Execution, Transfer of Property, Injunctions
Source Language
English
Civil Procedure Property Law Stay of Execution Transfer of Property Injunctions

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Parties

Bahadur Ebrahim Shamji

Applicant

Al Noor Shariff Jamal

1st Respondent

Roodvlas Limited

2nd Respondent

Sanjay Pandit

3rd Respondent

Susan Pandit

4th Respondent

Procedural Posture

Civil Application for Stay of Execution / Ruling on Application for Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether a stay of execution can be granted when the transfer sought to be stayed has already been effected
  2. 2 Whether alleged fraud in the transfer is a matter for determination at this stage

Ratio Decidendi

The application for stay of execution was dismissed because the transfer sought to be stayed had already been effected, rendering the application moot and overtaken by events.

Court Disposition

Application dismissed with costs

Orders

  • Application for stay of execution is dismissed
  • Applicant to pay costs