20090817 TZCA Dar es Salaam

20090817 TZCA Dar es Salaam

The trial court erred in awarding mesne profits without evidence where the amount was disputed and not among the agreed facts, and the single Judge failed to address this issue in refusing stay of execution. This omission rendered both decisions problematic and justified the grant of stay of execution regarding mesne profits pending appeal.

Citation
20090817 TZCA Dar es Salaam
Parties
Applicant: Abdul Hamid Mohamed Kassam; Applicant: Abdullatif I. Murudker; Respondent: Aman Mohamed; Respondent: Hassan Mohamed; Respondent: Ahmed Mbaraka
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
17 August 2009
Procedural Posture
Civil Reference / Reference From Single Judge's Ruling on Stay of Execution
Outcome
Reference allowed with costs
Legal Topics
Stay of Execution, Mesne Profits, Judicial Discretion, Appeal Procedure
Source Language
English
Civil Procedure Land Law Stay of Execution Mesne Profits Judicial Discretion Appeal Procedure

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Parties

Abdul Hamid Mohamed Kassam

Applicant

Abdullatif I. Murudker

Applicant

Aman Mohamed

Respondent

Hassan Mohamed

Respondent

Ahmed Mbaraka

Respondent

Procedural Posture

Civil Reference / Reference From Single Judge's Ruling on Stay of Execution

Legal Issues

  1. 1 Whether the award of mesne profits without evidence was proper
  2. 2 Whether the single Judge erred in refusing stay of execution regarding mesne profits
  3. 3 Whether the decision of the trial court and single Judge were problematic

Ratio Decidendi

The trial court erred in awarding mesne profits without evidence where the amount was disputed and not among the agreed facts, and the single Judge failed to address this issue in refusing stay of execution. This omission rendered both decisions problematic and justified the grant of stay of execution regarding mesne profits pending appeal.

Court Disposition

Reference allowed with costs

Orders

  • Stay of execution of the decree regarding mesne profits pending hearing and determination of the appeal