athanas albert and four others vs tumaini university college iringa 1999 tzca 17 8 october 1999

athanas albert and four others vs tumaini university college iringa 1999 tzca 17 8 october 1999

There was no order of the High Court granting any right to the respondent or commanding the respondent to do anything affecting the applicants; thus, there was nothing to stay and the application was misconceived.

Source-derived case information.

Citation
athanas albert and four others vs tumaini university college iringa 1999 tzca 17 8 october 1999
Parties
Applicant: Athanasi Albert; Applicant: Bergi Shirima; Applicant: Yohakim Mgimwa; Applicant: Emmanuel Lupilya; Applicant: Felix Kapinga; Respondent: Tumaini University, Iringa University College
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
8 October 1999
Procedural Posture
Civil Application / Application for Stay of Execution Pending Appeal
Outcome
Application dismissed with costs
Legal Topics
Stay of Execution, Appeals, Injunctions
Source Language
english
Civil Procedure Stay of Execution Appeals Injunctions

Source-derived case record

Summary, issues, holding and outcome

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Parties

Athanasi Albert

Applicant

Bergi Shirima

Applicant

Yohakim Mgimwa

Applicant

Emmanuel Lupilya

Applicant

Felix Kapinga

Applicant

Tumaini University, Iringa University College

Respondent

Procedural Posture

Civil Application / Application for Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether a stay of execution can be granted where the High Court set aside a temporary injunction
  2. 2 Whether there was an executable order of the High Court

Ratio Decidendi

There was no order of the High Court granting any right to the respondent or commanding the respondent to do anything affecting the applicants; thus, there was nothing to stay and the application was misconceived.

Court Disposition

Application dismissed with costs

Orders

  • Application for stay of execution is dismissed with costs