20071106 TZCA Dar es Salaam

20071106 TZCA Dar es Salaam

Refusal to stay execution is likely to cause substantial and irreparable injury to the applicant, who resides on the disputed property, and the balance of convenience favors maintaining the status quo pending appeal.

Citation
20071106 TZCA Dar es Salaam
Parties
Applicant: Godfrey Sayi; Respondent: Mary Mndolwa
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
6 November 2007
Procedural Posture
Civil Application for Stay of Execution / Ruling on Application for Stay of Execution Pending Appeal
Outcome
Application for stay of execution granted.
Legal Topics
Stay of Execution, Appeal, Irreparable Injury, Balance of Convenience
Source Language
English
Civil Procedure Property Law Stay of Execution Appeal Irreparable Injury Balance of Convenience

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Parties

Godfrey Sayi

Applicant

Mary Mndolwa

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether to grant a stay of execution of the High Court decree pending appeal
  2. 2 Whether refusal to stay execution would cause irreparable injury to the applicant
  3. 3 Whether the balance of convenience favors the applicant

Ratio Decidendi

Refusal to stay execution is likely to cause substantial and irreparable injury to the applicant, who resides on the disputed property, and the balance of convenience favors maintaining the status quo pending appeal.

Court Disposition

Application for stay of execution granted.

Orders

  • Execution of the decree in High Court Civil Appeal No. 44 of 2006 is stayed pending determination of the intended appeal.
  • Costs will be in the cause.