millan zinzuades vs abdul and another 1997 tzca 85 3 november 1997

millan zinzuades vs abdul and another 1997 tzca 85 3 november 1997

Applicant is not likely to suffer substantial and irreparable loss incapable of being atoned by damages, but considering peculiar circumstances and legal issues regarding the motor vehicle and purchase price, stay of execution is granted in the interest of justice pending determination of the intended appeal.

Citation
millan zinzuades vs abdul and another 1997 tzca 85 3 november 1997
Parties
Applicant: Applicant (name not specified); Respondent: 1st Respondent (name not specified); Respondent: 2nd Respondent (name not specified)
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
3 November 1997
Procedural Posture
Civil Appeal / Application for Stay of Execution Pending Intended Appeal
Outcome
stay of execution granted pending determination of intended appeal
Legal Topics
Stay of Execution, Irreparable Loss, Appeal Process, Motor Vehicle Dispute
Source Language
English
Civil Procedure Stay of Execution Irreparable Loss Appeal Process Motor Vehicle Dispute

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Parties

Applicant (name not specified)

Applicant

1st Respondent (name not specified)

Respondent

2nd Respondent (name not specified)

Respondent

Procedural Posture

Civil Appeal / Application for Stay of Execution Pending Intended Appeal

Legal Issues

  1. 1 Whether the applicant will suffer irreparable loss if stay of execution is not granted
  2. 2 Whether there are special circumstances warranting stay of execution
  3. 3 Whether the intended appeal raises a legal issue for consideration

Ratio Decidendi

Applicant is not likely to suffer substantial and irreparable loss incapable of being atoned by damages, but considering peculiar circumstances and legal issues regarding the motor vehicle and purchase price, stay of execution is granted in the interest of justice pending determination of the intended appeal.

Court Disposition

stay of execution granted pending determination of intended appeal

Orders

  • Execution of the decision in Civil Appeal No. 75 of 1996 dated 16th September 1997 is stayed pending determination of the intended appeal.
  • Costs in the cause.