agineda balisela vs abila benedictor 2021 tzhc 2902 30 april 2021
The application was incompetent because it was made under provisions that do not empower the Court to grant a stay of execution, and there was no pending appeal against the decree being executed. The overriding objective principle cannot cure this defect.
- Citation
- agineda balisela vs abila benedictor 2021 tzhc 2902 30 april 2021
- Parties
- Applicant: Agineda Balisela; Respondent: Abila Benedictor
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 30 April 2021
- Procedural Posture
- Misc. Land Application / Ruling on Application for Stay of Execution
- Outcome
- Application struck out as incompetent with costs to the respondent.
- Legal Topics
- Stay of Execution, Wrong Citation of Law, Overriding Objective Principle, Execution of Decree
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Agineda Balisela
Applicant
Abila Benedictor
Respondent
Procedural Posture
Misc. Land Application / Ruling on Application for Stay of Execution
Legal Issues
- 1 Whether the application for stay of execution is competent given the cited legal provisions
- 2 Whether the Court can order stay of execution if execution has already been completed
Ratio Decidendi
The application was incompetent because it was made under provisions that do not empower the Court to grant a stay of execution, and there was no pending appeal against the decree being executed. The overriding objective principle cannot cure this defect.
Court Disposition
Application struck out as incompetent with costs to the respondent.
Orders
- Application struck out
- Respondent awarded costs
Full Case Text
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