ibrahim shija kitula vs zabron shem another 2022 tzhclandd 499 28 june 2022

Applicant demonstrated substantial loss, filed application without unreasonable delay, and pending review justifies stay; court exercised discretion regarding security.

Citation: ibrahim shija kitula vs zabron shem another 2022 tzhclandd 499 28 june 2022
Parties: Applicant: Ibrahim Shija Kitula; 1st Respondent: Zablon Shem; 2nd Respondent: Philipo Charles
Court: TANZLII
Jurisdiction: Tanzania
Judgment Date: 28 June 2022
Procedural Posture: Miscellaneous Land Application / Ruling on Application for Stay of Execution
Outcome: application granted
Legal Topics: Stay of Execution, Review of Judgment, Eviction, Substituted Service
Source Language: English

Land Law Civil Procedure Stay of Execution Review of Judgment Eviction Substituted Service

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 5 Party arguments 2

Parties

Ibrahim Shija Kitula

Applicant

Zablon Shem

1st Respondent

Philipo Charles

2nd Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application for Stay of Execution

Legal Issues

1 Whether the application for stay of execution is meritorious
2 Whether the applicant has satisfied the conditions for grant of stay of execution

Ratio Decidendi

Applicant demonstrated substantial loss, filed application without unreasonable delay, and pending review justifies stay; court exercised discretion regarding security.

Court Disposition

application granted

Orders

Ex-parte order for stay of execution of judgment and decree in Land Application No. 419 of 2006 pending hearing of review application before the High Court.
No order as to costs.