deusdedit kisisiwe vs protaz b bilauri 2003 tzca 16 24 february 2003

deusdedit kisisiwe vs protaz b bilauri 2003 tzca 16 24 february 2003

Stay of execution is granted because the attachment and sale of a residential house would cause irreparable injury, and the difference between the physical house and monetary compensation justifies the stay, despite the lack of substantiation of irreparable injury and the procedural issue regarding leave to appeal.

Citation
deusdedit kisisiwe vs protaz b bilauri 2003 tzca 16 24 february 2003
Parties
Applicant: DEUS DEDIT KISISIWE; Respondent: PROTAZ B. BILAURI
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
24 February 2003
Procedural Posture
Civil Application / Application for Stay of Execution Pending Appeal
Outcome
Application for stay of execution granted with costs.
Legal Topics
Stay of Execution, Appellate Procedure, Irreparable Injury
Source Language
English
Civil Procedure Stay of Execution Appellate Procedure Irreparable Injury

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Parties

DEUS DEDIT KISISIWE

Applicant

PROTAZ B. BILAURI

Respondent

Procedural Posture

Civil Application / Application for Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether stay of execution should be granted pending appeal
  2. 2 Whether irreparable injury would be caused if stay is not granted
  3. 3 Whether the appeal is properly before the court without leave

Ratio Decidendi

Stay of execution is granted because the attachment and sale of a residential house would cause irreparable injury, and the difference between the physical house and monetary compensation justifies the stay, despite the lack of substantiation of irreparable injury and the procedural issue regarding leave to appeal.

Court Disposition

Application for stay of execution granted with costs.

Orders

  • Stay of execution granted.
  • Title deeds of the property to be deposited with the Registrar to prevent disposition of the premises.