20080728 TZCA Dar es Salaam

20080728 TZCA Dar es Salaam

The applicants established that execution would cause irreparable loss not adequately compensable by damages, as their dependants, animals, crops, and structures would be destroyed. The balance of convenience favored granting a stay, and the requirements for such an order were met. The likelihood of success on appeal was not determinative.

Citation
20080728 TZCA Dar es Salaam
Parties
Applicant: Fatma Mukangara; Applicant: Said Omari Mwakitosi; Respondent: The Administrator-General
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
28 July 2008
Procedural Posture
Civil Application / Application for Stay of Execution Pending Appeal
Outcome
application granted
Legal Topics
Stay of Execution, Irreparable Loss, Balance of Convenience, Appeal Procedure
Source Language
English
Civil Procedure Land Law Estate Administration Stay of Execution Irreparable Loss Balance of Convenience Appeal Procedure

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Parties

Fatma Mukangara

Applicant

Said Omari Mwakitosi

Applicant

The Administrator-General

Respondent

Procedural Posture

Civil Application / Application for Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether the applicants are entitled to a stay of execution of the High Court decree pending appeal
  2. 2 Whether the applicants have demonstrated irreparable loss or balance of convenience justifying stay

Ratio Decidendi

The applicants established that execution would cause irreparable loss not adequately compensable by damages, as their dependants, animals, crops, and structures would be destroyed. The balance of convenience favored granting a stay, and the requirements for such an order were met. The likelihood of success on appeal was not determinative.

Court Disposition

application granted

Orders

  • Stay of execution of the High Court decree pending determination of the appeal
  • Each party to bear its own costs of the application