kajoloweka c republique du malawi requete n 0552019 2020 afchpr 61 27 march 2020

kajoloweka c republique du malawi requete n 0552019 2020 afchpr 61 27 march 2020

The Court found that execution of the costs order could cause the applicant irreparable harm by loss of property, and that the situation was one of extreme gravity and urgency, justifying the order for provisional measures.

Source-derived case information.

Citation
kajoloweka c republique du malawi requete n 0552019 2020 afchpr 61 27 march 2020
Parties
Applicant: Charles Kajoloweka; Respondent: République du Malawi
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
27 March 2020
Procedural Posture
Provisional Measures Application / Interlocutory Order
Outcome
provisional measures granted
Legal Topics
Provisional Measures, Irreparable Harm, Exhaustion of Domestic Remedies, Right to Property, Access to Justice
Source Language
english
Human Rights Law Constitutional Law Provisional Measures Irreparable Harm Exhaustion of Domestic Remedies Right to Property Access to Justice

Source-derived case record

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 6 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Charles Kajoloweka

Applicant

République du Malawi

Respondent

Procedural Posture

Provisional Measures Application / Interlocutory Order

Legal Issues

  1. 1 Whether the execution of the Supreme Court of Appeal order against the applicant would cause irreparable harm justifying provisional measures
  2. 2 Whether the applicant exhausted domestic remedies

Ratio Decidendi

The Court found that execution of the costs order could cause the applicant irreparable harm by loss of property, and that the situation was one of extreme gravity and urgency, justifying the order for provisional measures.

Court Disposition

provisional measures granted

Orders

  • The respondent State is ordered to stay execution of the Supreme Court of Appeal order condemning the applicant to pay costs, pending the final decision on the merits.
  • The respondent State must report to the Court within fifteen days from receipt of this order on measures taken to implement it.