crdb bank vs joyce deodatus kato and 2 others 2021 tzhclandd 398 27 august 2021

crdb bank vs joyce deodatus kato and 2 others 2021 tzhclandd 398 27 august 2021

The High Court has jurisdiction to entertain the application for stay of execution after the filing of an appeal. The application is not an abuse of court process, and the applicant has demonstrated sufficient cause for stay, including risk of irreparable loss if execution proceeds before the appeal is determined.

Citation
crdb bank vs joyce deodatus kato and 2 others 2021 tzhclandd 398 27 august 2021
Parties
Applicant: CRDB Bank; 1st Respondent: Joyce Deodatus Kato; 2nd Respondent: Deodatus Kato; 3rd Respondent: Eradius William
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
27 August 2021
Procedural Posture
Miscellaneous Land Case Application / Ruling on Application for Stay of Execution
Outcome
Application granted
Legal Topics
Stay of Execution, Jurisdiction, Abuse of Process
Source Language
English
Civil Procedure Land Law Stay of Execution Jurisdiction Abuse of Process

Case Brief

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

Parties

CRDB Bank

Applicant

Joyce Deodatus Kato

1st Respondent

Deodatus Kato

2nd Respondent

Eradius William

3rd Respondent

Procedural Posture

Miscellaneous Land Case Application / Ruling on Application for Stay of Execution

Legal Issues

  1. 1 Whether the application for stay of execution was properly before the High Court or should have been filed at the executing court
  2. 2 Whether the application constitutes an abuse of court process
  3. 3 Whether the applicant is entitled to a stay of execution pending appeal

Ratio Decidendi

The High Court has jurisdiction to entertain the application for stay of execution after the filing of an appeal. The application is not an abuse of court process, and the applicant has demonstrated sufficient cause for stay, including risk of irreparable loss if execution proceeds before the appeal is determined.

Court Disposition

Application granted

Orders

  • Execution of the decree in Misc. Land Application is stayed pending determination of Land Appeal No. 64 of 2020.
  • No order as to costs.