cocodacor general co ltd vs unyiha association limited another 2022 tzhclandd 47 24 february 2022
The applicant failed to establish sufficient cause for stay of execution, particularly failing to demonstrate irreparable loss or that balance of convenience favored granting the stay; thus, the application was dismissed.
- Citation
- cocodacor general co ltd vs unyiha association limited another 2022 tzhclandd 47 24 february 2022
- Parties
- Applicant: COCODACOR GENERAL CO. LTD; 1st Respondent: UNYIHA ASSOCIATES LIMITED; 2nd Respondent: CHARLES MPAMBA CHENZA
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 24 February 2022
- Procedural Posture
- Misc. Land Application / Ruling on Application for Stay of Execution Pending Appeal
- Outcome
- Application dismissed
- Legal Topics
- Stay of Execution, Tenancy Disputes, Appeal Procedures
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
COCODACOR GENERAL CO. LTD
Applicant
UNYIHA ASSOCIATES LIMITED
1st Respondent
CHARLES MPAMBA CHENZA
2nd Respondent
Procedural Posture
Misc. Land Application / Ruling on Application for Stay of Execution Pending Appeal
Legal Issues
- 1 Whether sufficient cause exists to grant a stay of execution pending appeal
- 2 Whether the applicant will suffer irreparable loss if stay is not granted
- 3 Balance of convenience between parties
Ratio Decidendi
The applicant failed to establish sufficient cause for stay of execution, particularly failing to demonstrate irreparable loss or that balance of convenience favored granting the stay; thus, the application was dismissed.
Court Disposition
Application dismissed
Orders
- No order as to costs
Full Case Text
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