20001026 TZCA Arusha
The application for stay of execution is granted because the applicant is prepared to furnish security, and there is insufficient assurance of the respondent's ability to repay if the appeal succeeds.
- Citation
- 20001026 TZCA Arusha
- Parties
- Applicant: Arusha International Conference Centre; Respondent: Edwin W. Stupho
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 26 October 2000
- Procedural Posture
- Civil Application / Application for Stay of Execution Pending Appeal
- Outcome
- Application allowed
- Legal Topics
- Stay of Execution, Security for Decree, Damages for Defamation, Arrears of Salary
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Arusha International Conference Centre
Applicant
Edwin W. Stupho
Respondent
Procedural Posture
Civil Application / Application for Stay of Execution Pending Appeal
Legal Issues
- 1 Whether to grant a stay of execution of the High Court decree pending appeal
- 2 Whether the applicant would suffer irreparable loss if stay is refused
- 3 Whether the respondent is able to repay the decretal sum if the appeal succeeds
Ratio Decidendi
The application for stay of execution is granted because the applicant is prepared to furnish security, and there is insufficient assurance of the respondent's ability to repay if the appeal succeeds.
Court Disposition
Application allowed
Orders
- Execution of the decree is stayed provided the applicant deposits in court the sum of 10,000,000 Tanzanian Shillings within 30 days from the date of the ruling.
- Costs will be in the cause.
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment