20000714 TZCA Dar es Salaam
The applicants failed to demonstrate irreparable harm or balance of convenience in their favor, having had sufficient notice since 1991 and made no serious effort to secure alternative accommodation. Granting stay would inflict further hardship on the elderly women, outweighing applicants' claims.
- Citation
- 20000714 TZCA Dar es Salaam
- Parties
- Applicants: J. Mfere and 3 Others; Respondent: Abbuy Hailisi Jumaa
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 14 July 2000
- Procedural Posture
- Civil Application / Application for Stay of Execution Pending Appeal
- Outcome
- Application dismissed with costs
- Legal Topics
- Stay of Execution, Tenancy, Restoration of Property, Balance of Convenience
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
J. Mfere and 3 Others
Applicants
Abbuy Hailisi Jumaa
Respondent
Procedural Posture
Civil Application / Application for Stay of Execution Pending Appeal
Legal Issues
- 1 Whether stay of execution should be granted pending appeal
- 2 Whether balance of convenience favors applicants or respondent
Ratio Decidendi
The applicants failed to demonstrate irreparable harm or balance of convenience in their favor, having had sufficient notice since 1991 and made no serious effort to secure alternative accommodation. Granting stay would inflict further hardship on the elderly women, outweighing applicants' claims.
Court Disposition
Application dismissed with costs
Orders
- Reference fails and is dismissed with costs
Full Case Text
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