Download PDF

Tanzania Judgment

TZCA

19930310 TZCA Dar es Salaam

On this page

Professional case brief

Research organized from the available case record

Source document

01

Holding and result

The respondent is ordered not to execute rights consequent upon the declaration of ownership pending appeal to prevent further developments and minimize prejudice.

Court disposition

application granted in part

Orders

  • Respondent is restrained from making further developments to the site pending appeal.
  • Respondent is ordered not to execute rights consequent upon the declaration of ownership.

02

Material facts

Parties

Applicant

Applicant Counsel: Mr. Ismail

Respondent

Respondent Counsel: Mr. Mohora

03

Procedural history

  1. Posture

    Application for Stay of Execution / Post Judgment, Pending Appeal

04

Questions and positions

Legal issues

Party arguments

Applicant
Applicant seeks to restrain respondent from making further developments to the site, arguing that the application for stay of execution is essentially one for eviction.
Respondent
Respondent argues that a stop order from the City Council is already in place pending settlement of the dispute and that she is in physical possession of the premises.

05

Court’s reasoning

  1. 01

    Court's reasoning

    In cases involving real property, it is proper that no further developments be effected pending appeal.

06

Ratio, limits and disposition

Ratio decidendi

The respondent is ordered not to execute rights consequent upon the declaration of ownership pending appeal to prevent further developments and minimize prejudice.

Obiter and limits

  • Granting the application does not amount to eviction but minimizes the bluntness of the blow if the applicant succeeds.
  • The probability of success on appeal is not considered.

Court disposition

application granted in part

  • Respondent is restrained from making further developments to the site pending appeal.
  • Respondent is ordered not to execute rights consequent upon the declaration of ownership.

Source and reliance status

TZCA · 10 March 1993

This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.

Judgment reading view

Judgment text

The complete available source text.

Source document

TZCA

Judgment· 10 March 1993

19930310 TZCA Dar es Salaam

RULIMO ... . i' l :f~J J ,A-I ,, _,_':S.~>:I T~. ai;,plioant, .••.•••/2 .,. : ~ l .,. ,.r.: ..... 2 ,,- /'· ~~ ~~c:;_... • a ~ses. He e.ro,ed tl1a.t an application forLstey of exeo1.1:tion is ' in .eality one for eviction. • Ur, Mohora: replied that 8:.t the :.:Iigh Court there was elready (i ex;.sting a. atop orcler :from the DJ.ilcling Authority pending the · set:tlement. of tl!e disp.ite. From the l)ieadin[;'S at the I!i.~11·· Court it is obviou8 t~t tl1e re.epolld.ent has been in pb;yaical possession of the premises a.11d. '' infa.ot was erectir.-3 a builcling on it• Hot-iever, once the cl.isrute started there 1-1a.s a stop order issued on 3oth ne.rch, 1989, as l\lr• Mchora said; from t!1e City Council ( ~ . D3). So tho~ ou,L,;ht ,_:; ~:. ·" net to have been carried out aJry clevelopmc11t before the jucl{.;ment. ~- '\' ; : ~' . .' ; ..'); In this application w:1at t'.1e a)?plicant is pra;ying for is -l/L that the respam.lent be restrained from r,1akin,g further develoJ_A,-ients to the site, presu:.,ably after t~1e juc1J,ierr',;, ~UC:ing the termina-'i:ion of the a.P:r:eal tl1e J:ireparation of w.!1ioh is at a.n aP-vanced st~e. Admittedly Hr. Ismail· is ri;;ht that t)l8 arrilica.nt had sued fox- a. dellaration that s:1e is the o"l'mer of tile plo-t. The effect of l~, grantine tha'li ort'.er was to evict the res~:,ondent and to stop all th~ '-'··~ ;, l , ·C) developments

tl1at she had ,under-talcen al"IP. e1t:1er the a.11r,li.eant tiere tJ to Q!ll~nsa.te the respondent or that the latter ware to l.elilolish her (·'iP,, develepnents. ~ J If I {;Tant this arplioati.on the;.1 I ui.11 not be evioti11g tl1e respandent ou.t I will minimi.so the bluntneG$ of the. blow tl1a.t will be cia11sed in case the ar,plica.nt I s ar,~ a.l succeecls ·• I will not &;o into the probability or otherwise~ of tlJ.a,t suooess. I do not have .- tt se,y that ~ t~liS oe.se involves real i:iroperty then it is ::.,ro~r tha.'t no further developments be effected l'lOn~ing the a,ppeal. So the ·responclent is ordered no·t to exeoute the ri@1ts whioh " are 00nsecruent uwn the declaration tha:t she is the right:f'L.ll. QWlter• •.' 1•. I.';, ,.' • • I certi~r t1~a~:.t;~s • \'. l ; \ .(- .."'·.,;~•. \ -~~· \ '. () . \,•.•' •'• • t,, _•;••. ( •'!.·•·. t > .

Source wording is retained. Consult the source document for its original formatting and pagination.

Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

No structured authorities are available for this judgment.

Refer to the full judgment and official source for citations that have not yet been extracted.

Case-aware research

Ask AI about this case

The judgment and available research above are public. New questions open in a separate private conversation grounded in this case.

About this LexChat collection

This page organizes the available case record for research. Verify quotations, current status, and subsequent treatment against the source document. Corrections can be reported to hello@esheria.ai.

Legal information, not legal advice. Research summaries do not replace the judgment.