20070327 TZCA Dar es salaam

20070327 TZCA Dar es salaam

The single judge properly exercised discretion in refusing stay of execution as the applicants failed to specify irreparable loss and did not substantiate other grounds. There was no error in law or fact, and no basis to interfere with the exercise of discretion.

Citation
20070327 TZCA Dar es salaam
Parties
Applicant: Farida Mbarak; Applicant: Farid Ahmed Mbarak; Respondent: Domina Kaguruki
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
27 March 2007
Procedural Posture
Civil Reference / Reference From Single Judge's Ruling Refusing Stay of Execution
Outcome
Reference dismissed with costs
Legal Topics
Stay of Execution, Discretionary Powers, Ownership of Land, Irreparable Loss, Appellate Review
Source Language
English
Civil Procedure Land Law Stay of Execution Discretionary Powers Ownership of Land Irreparable Loss Appellate Review

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Parties

Farida Mbarak

Applicant

Farid Ahmed Mbarak

Applicant

Domina Kaguruki

Respondent

Procedural Posture

Civil Reference / Reference From Single Judge's Ruling Refusing Stay of Execution

Legal Issues

  1. 1 Whether the single judge properly exercised discretion in refusing stay of execution
  2. 2 Whether irreparable loss was established by the applicants
  3. 3 Whether other grounds for stay of execution were properly considered

Ratio Decidendi

The single judge properly exercised discretion in refusing stay of execution as the applicants failed to specify irreparable loss and did not substantiate other grounds. There was no error in law or fact, and no basis to interfere with the exercise of discretion.

Court Disposition

Reference dismissed with costs

Orders

  • Reference is dismissed
  • Applicants to pay costs