20050530 TZCA Dar es Salaam
The application is misconceived because the High Court order set aside the sale and is not capable of execution; therefore, there is nothing to stay.
- Citation
- 20050530 TZCA Dar es Salaam
- Parties
- Applicant: Highland Estate Ltd.; Respondent: Kampuni ya Uchukuzi Dodoma; Respondent: Another
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 30 May 2005
- Procedural Posture
- Civil Application / Application for Stay of Execution
- Outcome
- Application dismissed with costs
- Legal Topics
- Stay of Execution, Auction Sales, Execution of Judgments
- Source Language
- English
Case Brief
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Parties
Highland Estate Ltd.
Applicant
Kampuni ya Uchukuzi Dodoma
Respondent
Another
Respondent
Procedural Posture
Civil Application / Application for Stay of Execution
Legal Issues
- 1 Whether the High Court order dated 10.12.2004 is capable of execution and thus subject to a stay
- 2 Whether the applicant is entitled to a stay of execution after the sale was set aside
Ratio Decidendi
The application is misconceived because the High Court order set aside the sale and is not capable of execution; therefore, there is nothing to stay.
Court Disposition
Application dismissed with costs
Orders
- Application dismissed with costs
Full Case Text
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