asim properties ltd vs arun paleja and another 1997 tzca 64 4 september 1997

asim properties ltd vs arun paleja and another 1997 tzca 64 4 september 1997

The application for stay of execution is dismissed because the High Court order striking out the application for leave to appeal is not capable of execution, and no justifiable grounds for stay exist as no loss or damage is apprehended by the applicant. Furthermore, the applicant failed to seek leave to appeal within the prescribed time, making a valid appeal improbable.

Citation
asim properties ltd vs arun paleja and another 1997 tzca 64 4 september 1997
Parties
Applicant: ASIM Properties Ltd.; Respondent: Arun Paleoa; Respondent: Bhanubhai Patel
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
4 September 1997
Procedural Posture
Civil Application / Application for Stay of Execution Pending Appeal
Outcome
Application dismissed with costs
Legal Topics
Stay of Execution, Leave to Appeal, Revision Proceedings
Source Language
English
Civil Procedure Stay of Execution Leave to Appeal Revision Proceedings

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

ASIM Properties Ltd.

Applicant

Arun Paleoa

Respondent

Bhanubhai Patel

Respondent

Procedural Posture

Civil Application / Application for Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether the High Court order striking out the application for leave to appeal is capable of execution
  2. 2 Whether there are justifiable grounds for granting a stay of execution pending appeal

Ratio Decidendi

The application for stay of execution is dismissed because the High Court order striking out the application for leave to appeal is not capable of execution, and no justifiable grounds for stay exist as no loss or damage is apprehended by the applicant. Furthermore, the applicant failed to seek leave to appeal within the prescribed time, making a valid appeal improbable.

Court Disposition

Application dismissed with costs

Orders

  • Application for stay of execution is dismissed
  • Applicant to pay costs