19940526 TZHC Dodoma

19940526 TZHC Dodoma

Respondent was not entitled to recover expenses as no stay of execution was sought and appellant acted lawfully in executing the decree.

Citation
19940526 TZHC Dodoma
Parties
Appellant: Husna Rajabu; Respondent: Samri Sumuni
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
26 May 1994
Procedural Posture
Civil Appeal / Second Appeal
Outcome
appeal allowed
Legal Topics
Execution of Decree, Stay of Execution, Costs
Source Language
English
Civil Procedure Execution of Decree Stay of Execution Costs

Case Brief

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Parties

Husna Rajabu

Appellant

Samri Sumuni

Respondent

Procedural Posture

Civil Appeal / Second Appeal

Legal Issues

  1. 1 Whether expenses incurred by respondent due to appellant's conduct are recoverable
  2. 2 Whether execution of decree was lawful during pending application for leave to appeal

Ratio Decidendi

Respondent was not entitled to recover expenses as no stay of execution was sought and appellant acted lawfully in executing the decree.

Court Disposition

appeal allowed

Orders

  • Decisions of the trial court and District Court are set aside.
  • Appellant awarded costs.