daudi mbaruku vs norah haule 1997 tzca 61 2 june 1997

daudi mbaruku vs norah haule 1997 tzca 61 2 june 1997

A stay of execution cannot be granted where leave to appeal has not been obtained and the notice of appeal is inoperative; the order in question is akin to a money decree, and the applicant has not demonstrated sufficient grounds for a stay.

Citation
daudi mbaruku vs norah haule 1997 tzca 61 2 june 1997
Parties
Applicant: Daudi Mbaruku; Respondent: Norah Haule
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
2 June 1997
Procedural Posture
Civil Application / Application for Stay of Execution Pending Appeal
Outcome
application dismissed with costs
Legal Topics
Stay of Execution, Matrimonial Property Division, Leave to Appeal
Source Language
English
Family Law Civil Procedure Stay of Execution Matrimonial Property Division Leave to Appeal

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

Parties

Daudi Mbaruku

Applicant

Norah Haule

Respondent

Procedural Posture

Civil Application / Application for Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether a stay of execution should be granted pending appeal when leave to appeal has not yet been granted
  2. 2 Whether the notice of appeal is operative without leave to appeal

Ratio Decidendi

A stay of execution cannot be granted where leave to appeal has not been obtained and the notice of appeal is inoperative; the order in question is akin to a money decree, and the applicant has not demonstrated sufficient grounds for a stay.

Court Disposition

application dismissed with costs

Orders

  • Application for stay of execution is dismissed with costs.