camila lema vs abdallah ukwaju another 2018 tzhclandd 400 13 july 2018

camila lema vs abdallah ukwaju another 2018 tzhclandd 400 13 july 2018

The court found sufficient cause to grant a stay of execution, as the applicant has not been compensated and the issue of compensation has not been conclusively determined by any court. Allowing execution to proceed would likely cause greater hardship to the applicant than to the respondent.

Citation
camila lema vs abdallah ukwaju another 2018 tzhclandd 400 13 july 2018
Parties
Applicant: Camila Lema; Respondent: Abdallah Ukwaju; Respondent: Mtumwa Ukwaju (deceased, represented by Abdallah Ukwaju)
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
13 July 2018
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Stay of Execution
Outcome
Application allowed
Legal Topics
Stay of Execution, Compensation, Appeal, Irreparable Loss
Source Language
English
Civil Procedure Land Law Stay of Execution Compensation Appeal Irreparable Loss

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Parties

Camila Lema

Applicant

Abdallah Ukwaju

Respondent

Mtumwa Ukwaju (deceased, represented by Abdallah Ukwaju)

Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application for Stay of Execution

Legal Issues

  1. 1 Whether there are sufficient grounds to grant a stay of execution of the decree pending appeal
  2. 2 Whether the applicant will suffer irreparable loss if execution proceeds
  3. 3 Whether compensation for the applicant has been conclusively determined

Ratio Decidendi

The court found sufficient cause to grant a stay of execution, as the applicant has not been compensated and the issue of compensation has not been conclusively determined by any court. Allowing execution to proceed would likely cause greater hardship to the applicant than to the respondent.

Court Disposition

Application allowed

Orders

  • Stay of execution of the decree dated 22/6/2009 in District Land and Housing Tribunal Application No.3/2009 granted against the applicant, pending determination of Land Appeal No. 110 of 2017
  • Costs shall be in the cause