ibrahim ally yusuf mpore vs nalgis ally yusuf mrope another 2016 tzca 901 26 october 2016

ibrahim ally yusuf mpore vs nalgis ally yusuf mrope another 2016 tzca 901 26 october 2016

The decree is executable as it includes reliefs beyond mere declarations, such as vacant possession and mesne profits, and the applicant has fulfilled the conditions for stay of execution under Rule 11(2)(d)(i)-(iii).

Citation
ibrahim ally yusuf mpore vs nalgis ally yusuf mrope another 2016 tzca 901 26 october 2016
Parties
Applicant: Ibrahim Ally Yusuf Mrope; 1st Respondent: Nalgis Ally Yusuf Mrope; 2nd Respondent: Rahmat Ahmad Juma
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
26 October 2016
Procedural Posture
Civil Application / Application for Stay of Execution Pending Appeal
Outcome
stay of execution granted pending appeal
Legal Topics
Stay of Execution, Declaration of Title, Mesne Profits, Eviction Orders
Source Language
English
Civil Procedure Property Law Stay of Execution Declaration of Title Mesne Profits Eviction Orders

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Parties

Ibrahim Ally Yusuf Mrope

Applicant

Nalgis Ally Yusuf Mrope

1st Respondent

Rahmat Ahmad Juma

2nd Respondent

Procedural Posture

Civil Application / Application for Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether the decree is executable and can be stayed
  2. 2 Whether the applicant will suffer irreparable loss absent a stay
  3. 3 Whether the application has been overtaken by events

Ratio Decidendi

The decree is executable as it includes reliefs beyond mere declarations, such as vacant possession and mesne profits, and the applicant has fulfilled the conditions for stay of execution under Rule 11(2)(d)(i)-(iii).

Court Disposition

stay of execution granted pending appeal

Orders

  • Stay of execution of the decree pending hearing and determination of the intended appeal
  • Each party to bear its own costs