chico crg joint venture vs thomas mahame another 2018 tzhc 2712 14 september 2018

chico crg joint venture vs thomas mahame another 2018 tzhc 2712 14 september 2018

The court found that allowing execution would render the pending application for extension of time to appeal nugatory and could cause irreparable loss to the applicant by halting an ongoing road construction project. Therefore, a stay of execution is warranted pending determination of the application for extension of time.

Citation
chico crg joint venture vs thomas mahame another 2018 tzhc 2712 14 september 2018
Parties
Applicant: CHICO - CRG Joint Venture; 1st Respondent: Thomas Francis Mahame; 2nd Respondent: Jackem Auction Mart & Brokers Ltd
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
14 September 2018
Procedural Posture
Miscellaneous Land Case Application / Ruling on Application for Stay of Execution Pending Determination of Application for Extension of Time to Appeal
Outcome
Application for stay of execution granted.
Legal Topics
Stay of Execution, Extension of Time, Appeals, Execution of Decree
Source Language
English
Civil Procedure Land Law Stay of Execution Extension of Time Appeals Execution of Decree

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Parties

CHICO - CRG Joint Venture

Applicant

Thomas Francis Mahame

1st Respondent

Jackem Auction Mart & Brokers Ltd

2nd Respondent

Procedural Posture

Miscellaneous Land Case Application / Ruling on Application for Stay of Execution Pending Determination of Application for Extension of Time to Appeal

Legal Issues

  1. 1 Whether the applicant is entitled to a stay of execution pending determination of application for extension of time to appeal

Ratio Decidendi

The court found that allowing execution would render the pending application for extension of time to appeal nugatory and could cause irreparable loss to the applicant by halting an ongoing road construction project. Therefore, a stay of execution is warranted pending determination of the application for extension of time.

Court Disposition

Application for stay of execution granted.

Orders

  • Stay of execution of the decree from Chato District Land and Housing Tribunal in Application No. 31/2010 pending determination of Misc. Land Case Application No. 1/2017 for extension of time to appeal.
  • Costs to be in the course.