felix emmanuel mkongwa vs andrew kimwaga 2020 tzca 333 9 june 2020
The application for stay of execution was overtaken by events as the decree had already been executed and the applicant evicted; there was no decree left to be stayed.
- Citation
- felix emmanuel mkongwa vs andrew kimwaga 2020 tzca 333 9 june 2020
- Parties
- Applicant: Felix Emmanuel Mkongwa; Respondent: Andrew Kimwaga
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 9 June 2020
- Procedural Posture
- Civil Application / Ruling on Application for Stay of Execution
- Outcome
- Application struck out
- Legal Topics
- Stay of Execution, Eviction, Appeal Process
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Full judgment text Downloadable case file Legal principles 2 Authorities cited 6 Party arguments 2
Parties
Felix Emmanuel Mkongwa
Applicant
Andrew Kimwaga
Respondent
Procedural Posture
Civil Application / Ruling on Application for Stay of Execution
Legal Issues
- 1 Whether the applicant satisfied the conditions for grant of stay of execution
- 2 Whether the application for stay of execution was overtaken by events
Ratio Decidendi
The application for stay of execution was overtaken by events as the decree had already been executed and the applicant evicted; there was no decree left to be stayed.
Court Disposition
Application struck out
Orders
- No order as to costs
Full Case Text
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