20151026 TZCA Dar es Salaam

20151026 TZCA Dar es Salaam

The Court of Appeal lacks jurisdiction to grant restraining orders in matters before it on appeal, and stay of execution cannot be granted where execution has already occurred. The applicant failed to demonstrate irreparable loss beyond bare assertion.

Citation
20151026 TZCA Dar es Salaam
Parties
Applicant: Domina Kagaruki; 1st Respondent: Farida F. Mbarak; 2nd Respondent: Farid Ahmed Mbarak; 3rd Respondent: Tanzania Building Agency; 4th Respondent: Elius A. Mwakalinga; 5th Respondent: The Commissioner for Lands; 6th Respondent: The Honourable Attorney General
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
26 October 2015
Procedural Posture
Civil Application / Application for Stay of Execution and Restraining Order Pending Appeal
Outcome
Application dismissed with costs to the 1st and 2nd respondents.
Legal Topics
Stay of Execution, Restraining Orders, Temporary Injunctions, Appeals, Execution of Decrees
Source Language
English
Civil Procedure Land Law Stay of Execution Restraining Orders Temporary Injunctions Appeals Execution of Decrees

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Parties

Domina Kagaruki

Applicant

Farida F. Mbarak

1st Respondent

Farid Ahmed Mbarak

2nd Respondent

Tanzania Building Agency

3rd Respondent

Elius A. Mwakalinga

4th Respondent

The Commissioner for Lands

5th Respondent

The Honourable Attorney General

6th Respondent

Procedural Posture

Civil Application / Application for Stay of Execution and Restraining Order Pending Appeal

Legal Issues

  1. 1 Whether the Court of Appeal can grant a restraining order pending appeal
  2. 2 Whether stay of execution should be granted when execution is partly completed
  3. 3 Whether the applicant demonstrated irreparable loss

Ratio Decidendi

The Court of Appeal lacks jurisdiction to grant restraining orders in matters before it on appeal, and stay of execution cannot be granted where execution has already occurred. The applicant failed to demonstrate irreparable loss beyond bare assertion.

Court Disposition

Application dismissed with costs to the 1st and 2nd respondents.

Orders

  • Application for restraining order dismissed for want of jurisdiction.
  • Application for stay of execution dismissed for lack of merit.