frank marealle vs fatuma mohamed 1994 tzhc 402 19 august 1994

frank marealle vs fatuma mohamed 1994 tzhc 402 19 august 1994

Withdrawal of appeal is granted as further delay would impede the main appeal; maintenance cannot be ordered when stay of execution is in force.

Source-derived case information.

Citation
frank marealle vs fatuma mohamed 1994 tzhc 402 19 august 1994
Parties
Appellant: I. Kibeaili; Respondent: J. Mohamed
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
19 August 1994
Procedural Posture
Civil Appeal / Ruling on Application for Withdrawal of Appeal
Outcome
application for withdrawal of appeal granted; oral application for maintenance dismissed
Legal Topics
Divorce, Maintenance, Stay of Execution, Appeal Withdrawal
Source Language
english
Family Law Civil Procedure Divorce Maintenance Stay of Execution Appeal Withdrawal

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Parties

I. Kibeaili

Appellant

J. Mohamed

Respondent

Procedural Posture

Civil Appeal / Ruling on Application for Withdrawal of Appeal

Legal Issues

  1. 1 Whether the appeal against the order for execution of decree should be withdrawn
  2. 2 Whether maintenance should be granted to the respondent pending appeal

Ratio Decidendi

Withdrawal of appeal is granted as further delay would impede the main appeal; maintenance cannot be ordered when stay of execution is in force.

Court Disposition

application for withdrawal of appeal granted; oral application for maintenance dismissed

Orders

  • Appellant to pay respondent’s costs, to be taxed by the Registrar
  • Application for maintenance pending appeal dismissed