benjamin p masota vs esther e maneno another 2010 tzca 107 14 may 2010

benjamin p masota vs esther e maneno another 2010 tzca 107 14 may 2010

The applicant demonstrated that the balance of convenience tilts in his favor as he would suffer greater hardship if the stay is not granted; therefore, stay of execution is warranted pending appeal.

Citation
benjamin p masota vs esther e maneno another 2010 tzca 107 14 may 2010
Parties
Applicant: Benjamin P. Masota; 1st Respondent: Mrs. Esther E. Maneno; 2nd Respondent: Another (2nd Respondent)
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
14 May 2010
Procedural Posture
Civil Application / Application for Stay of Execution Pending Appeal
Outcome
Application for stay of execution granted.
Legal Topics
Stay of Execution, Balance of Convenience, Irreparable Loss
Source Language
English
Civil Procedure Stay of Execution Balance of Convenience Irreparable Loss

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Parties

Benjamin P. Masota

Applicant

Mrs. Esther E. Maneno

1st Respondent

Another (2nd Respondent)

2nd Respondent

Procedural Posture

Civil Application / Application for Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether the applicant has shown sufficient cause for stay of execution pending appeal
  2. 2 Whether the balance of convenience favors the applicant

Ratio Decidendi

The applicant demonstrated that the balance of convenience tilts in his favor as he would suffer greater hardship if the stay is not granted; therefore, stay of execution is warranted pending appeal.

Court Disposition

Application for stay of execution granted.

Orders

  • Stay of execution of the ruling and order dated 19-3-2009 in Misc. Civil Appeal No. 18 of 2008 pending hearing and determination of the intended appeal.
  • Costs to be in the cause.