20100513 TZCA Mwanza

The applicant demonstrated that the balance of convenience tilts in his favor as he and his tenants currently occupy the disputed house and would suffer greater hardship if the stay is not granted.

Citation: 20100513 TZCA Mwanza
Parties: Applicant: Benjamin P. Masota; 1st Respondent: Mrs. Esther E. Maneno; 2nd Respondent: Another (2nd Respondent)
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 13 May 2010
Procedural Posture: Civil Application / Application for Stay of Execution Pending Appeal
Outcome: Application for stay of execution granted.
Legal Topics: Stay of Execution, Balance of Convenience, Irreparable Loss, Appeal Process
Source Language: English

Civil Procedure Stay of Execution Balance of Convenience Irreparable Loss Appeal Process

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Parties

Benjamin P. Masota

Applicant

Mrs. Esther E. Maneno

1st Respondent

Another (2nd Respondent)

2nd Respondent

Procedural Posture

Civil Application / Application for Stay of Execution Pending Appeal

Legal Issues

1 Whether the applicant has shown sufficient cause for stay of execution pending appeal
2 Whether the balance of convenience favors the applicant

Ratio Decidendi

The applicant demonstrated that the balance of convenience tilts in his favor as he and his tenants currently occupy the disputed house and would suffer greater hardship if the stay is not granted.

Court Disposition

Application for stay of execution granted.

Orders

Stay of execution of the ruling and order dated 19-3-2009 in Misc. Civil Appeal No. 18 of 2008 pending hearing and determination of the intended appeal.
Costs to be in the cause.