20011116 TZCA Dar es Salaam

20011116 TZCA Dar es Salaam

The application for stay of execution was dismissed because the applicant failed to establish any grounds justifying stay, such as prima facie chances of appeal, substantial and irreparable loss, or balance of convenience.

Citation
20011116 TZCA Dar es Salaam
Parties
Applicant: Abdallah Mbwana Ndimbe; Respondent: Shani Saidi
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
16 November 2001
Procedural Posture
Civil Application / Application for Stay of Execution Pending Appeal
Outcome
application dismissed with costs
Legal Topics
Stay of Execution, Appeal Procedure, Timeliness of Notice of Appeal
Source Language
English
Civil Procedure Stay of Execution Appeal Procedure Timeliness of Notice of Appeal

Case Brief

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Parties

Abdallah Mbwana Ndimbe

Applicant

Shani Saidi

Respondent

Procedural Posture

Civil Application / Application for Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether the notice of appeal was lodged in time
  2. 2 Whether grounds for stay of execution are established

Ratio Decidendi

The application for stay of execution was dismissed because the applicant failed to establish any grounds justifying stay, such as prima facie chances of appeal, substantial and irreparable loss, or balance of convenience.

Court Disposition

application dismissed with costs

Orders

  • application dismissed
  • costs awarded to respondent