20010529 TZCA Mwanza
Applicant failed to provide sufficient particulars to justify an order of stay; balance of convenience does not favor applicant; irreparable loss not substantiated.
- Citation
- 20010529 TZCA Mwanza
- Parties
- Applicant: Epenest Magana; Respondent: Mugeta Mangili
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 29 May 2001
- Procedural Posture
- Civil Application / Application for Stay of Execution Pending Appeal
- Outcome
- application dismissed with costs
- Legal Topics
- Stay of Execution, Irreparable Loss, Balance of Convenience
- Source Language
- English
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
Parties
Epenest Magana
Applicant
Mugeta Mangili
Respondent
Procedural Posture
Civil Application / Application for Stay of Execution Pending Appeal
Legal Issues
- 1 Whether the applicant is entitled to an order of stay of execution pending appeal
- 2 Whether the applicant will suffer irreparable loss if stay is not granted
- 3 Whether the balance of convenience favors granting stay
Ratio Decidendi
Applicant failed to provide sufficient particulars to justify an order of stay; balance of convenience does not favor applicant; irreparable loss not substantiated.
Court Disposition
application dismissed with costs
Orders
- application for stay of execution refused
- costs awarded to respondent
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment