machengo vs hussein 2005 tzca 62 17 october 200

On balance of convenience, and to resolve the parties' contentions fairly, a stay of execution is warranted pending determination of the intended appeal.

Citation: machengo vs hussein 2005 tzca 62 17 october 200
Parties: Applicant: Grayson N. Machengo; Respondent: Abdulrahman Hussein
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 1 January 2005
Procedural Posture: Civil Application / Application for Stay of Execution Pending Appeal
Outcome: stay of execution granted
Legal Topics: Stay of Execution, Trade Union Elections, Jurisdiction, Irreparable Injury, Balance of Convenience
Source Language: English

Civil Procedure Labour Law Stay of Execution Trade Union Elections Jurisdiction Irreparable Injury Balance of Convenience

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Parties

Grayson N. Machengo

Applicant

Abdulrahman Hussein

Respondent

Procedural Posture

Civil Application / Application for Stay of Execution Pending Appeal

Legal Issues

1 Whether the applicant is entitled to a stay of execution of the High Court decision pending appeal
2 Whether the applicant will suffer irreparable loss if stay is not granted
3 Whether the appeal has a prima facie likelihood of success

Ratio Decidendi

On balance of convenience, and to resolve the parties' contentions fairly, a stay of execution is warranted pending determination of the intended appeal.

Court Disposition

stay of execution granted

Orders

Execution of the judgment and decree in High Court Misc. Civil Cause No. 66 of 2001 dated 31.12.2003 is stayed pending hearing and determination of the intended appeal.
Costs to be in the cause.