19930310 TZCA Dar es Salaam
The respondent is ordered not to execute rights consequent upon the declaration of ownership pending appeal to prevent further developments and minimize prejudice.
- Citation
- 19930310 TZCA Dar es Salaam
- Parties
- Applicant: Applicant; Respondent: Respondent
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 10 March 1993
- Procedural Posture
- Application for Stay of Execution / Post Judgment, Pending Appeal
- Outcome
- application granted in part
- Legal Topics
- Stay of Execution, Eviction, Real Property, Injunctions
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Applicant
Applicant
Respondent
Respondent
Procedural Posture
Application for Stay of Execution / Post Judgment, Pending Appeal
Legal Issues
- 1 Whether the respondent should be restrained from making further developments to the site pending appeal
- 2 Whether granting the stay amounts to eviction
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.
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.
Full Case Text
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