19970117 TZHC Dar es Salaam

19970117 TZHC Dar es Salaam

The application for stay of execution is overtaken by events as execution has already been carried out, and there is evidence that the applicant is already accommodated elsewhere, so irreparable loss does not arise.

Citation
19970117 TZHC Dar es Salaam
Parties
Applicant: Hamida Salum; Respondent: Amisa Ibrahim Simba
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
17 January 1997
Procedural Posture
Civil Appeal / Ruling on Application for Stay of Execution Pending Appeal
Outcome
application dismissed
Legal Topics
Stay of Execution, Irreparable Loss, Accommodation, Eviction
Source Language
English
Civil Procedure Landlord and Tenant Stay of Execution Irreparable Loss Accommodation Eviction

Case Brief

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Parties

Hamida Salum

Applicant

Amisa Ibrahim Simba

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether stay of execution should be granted pending appeal
  2. 2 Whether applicant will suffer irreparable loss if execution proceeds

Ratio Decidendi

The application for stay of execution is overtaken by events as execution has already been carried out, and there is evidence that the applicant is already accommodated elsewhere, so irreparable loss does not arise.

Court Disposition

application dismissed

Orders

  • Application for stay of execution is rejected.