20080304 TZCA Dar es Salaam

Since the eviction order was executed and the applicant was removed from the premises, the decree has been executed and the application for stay of execution is overtaken by events and incompetent.

Citation: 20080304 TZCA Dar es Salaam
Parties: Applicant: Amour Habib Salum; Respondent: Hussein Bafagi
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 4 March 2008
Procedural Posture: Civil Application for Stay of Execution / Ruling on Application for Stay of Execution
Outcome: application dismissed with costs
Legal Topics: Stay of Execution, Eviction, Bona Fide Purchaser, Execution of Decree
Source Language: English

Civil Procedure Stay of Execution Eviction Bona Fide Purchaser Execution of Decree

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Parties

Amour Habib Salum

Applicant

Hussein Bafagi

Respondent

Procedural Posture

Civil Application for Stay of Execution / Ruling on Application for Stay of Execution

Legal Issues

1 Whether stay of execution can be granted after execution has already been completed
2 Lawfulness of eviction process

Ratio Decidendi

Since the eviction order was executed and the applicant was removed from the premises, the decree has been executed and the application for stay of execution is overtaken by events and incompetent.

Court Disposition

application dismissed with costs

Orders

application for stay of execution dismissed
costs awarded to respondent