20061116 TZCA Dar es Salaam3

The transfer sought to be stayed had already been effected, leaving nothing to stay; therefore, the application for stay of execution was dismissed as overtaken by events.

Citation: 20061116 TZCA Dar es Salaam3
Parties: Applicant: Bahadur Ebrahim Shamji; 1st Respondent: Al Noor Shariff Jamal; 2nd Respondent: Roodvlas Limited; 3rd Respondent: Sanjay Pandit; 4th Respondent: Susan Pandit
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 16 November 2006
Procedural Posture: Civil Application / Application for Stay of Execution Pending Appeal
Outcome: Application dismissed with costs
Legal Topics: Stay of Execution, Transfer of Property, Injunctions
Source Language: English

Civil Procedure Property Law Stay of Execution Transfer of Property Injunctions

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2

Parties

Bahadur Ebrahim Shamji

Applicant

Al Noor Shariff Jamal

1st Respondent

Roodvlas Limited

2nd Respondent

Sanjay Pandit

3rd Respondent

Susan Pandit

4th Respondent

Procedural Posture

Civil Application / Application for Stay of Execution Pending Appeal

Legal Issues

1 Whether a stay of execution should be granted when the transfer sought to be stayed has already been effected
2 Whether there are peculiar circumstances justifying a stay of execution

Ratio Decidendi

The transfer sought to be stayed had already been effected, leaving nothing to stay; therefore, the application for stay of execution was dismissed as overtaken by events.

Court Disposition

Application dismissed with costs