20140313 TZCA Bukoba

20140313 TZCA Bukoba

The Court has no power to grant a stay of execution where it is shown that execution has already taken place. The applicant failed to properly challenge the respondent's evidence that execution occurred in 2007, and arguments from the Bar do not constitute evidence.

Citation
20140313 TZCA Bukoba
Parties
Applicant: Gidion Ndibalema; Respondent: Faustine M. Boineki
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
13 March 2014
Procedural Posture
Civil Application for Stay of Execution / Ruling on Application for Stay of Execution Pending Appeal
Outcome
Application dismissed with costs.
Legal Topics
Stay of Execution, Execution of Decree, Appeals, Possession of Land
Source Language
English
Civil Procedure Land Law Stay of Execution Execution of Decree Appeals Possession of Land

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Parties

Gidion Ndibalema

Applicant

Faustine M. Boineki

Respondent

Procedural Posture

Civil Application for Stay of Execution / Ruling on Application for Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether stay of execution can be granted when execution has already taken place
  2. 2 Whether the applicant is in actual possession of the disputed land

Ratio Decidendi

The Court has no power to grant a stay of execution where it is shown that execution has already taken place. The applicant failed to properly challenge the respondent's evidence that execution occurred in 2007, and arguments from the Bar do not constitute evidence.

Court Disposition

Application dismissed with costs.

Orders

  • Application for stay of execution is dismissed with costs.