ivan makobrad vs miroslav katic vesna paladin and ingra 1998 tzca 18 8 december 1998
Due to unresolved doubt regarding the true identity of INGRA and risk of property being left in wrong hands, stay of execution is ordered pending final determination of appeal.
- Citation
- ivan makobrad vs miroslav katic vesna paladin and ingra 1998 tzca 18 8 december 1998
- Parties
- Applicant: Ivan Makobrad; Respondent: Miroslav Katic; Respondent: Vesna Paladin; Respondent: INGRA
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 8 December 1998
- Procedural Posture
- Civil Reference / Reference From Ruling of Single Judge on Stay of Execution
- Outcome
- reference allowed
- Legal Topics
- Stay of Execution, Service of Documents, Reference Procedure
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Ivan Makobrad
Applicant
Miroslav Katic
Respondent
Vesna Paladin
Respondent
INGRA
Respondent
Procedural Posture
Civil Reference / Reference From Ruling of Single Judge on Stay of Execution
Legal Issues
- 1 Whether service of documents is required in references under Tanzania Court of Appeal Rules
- 2 Whether stay of execution should be granted due to uncertainty of respondent's identity and risk of substantial damage
Ratio Decidendi
Due to unresolved doubt regarding the true identity of INGRA and risk of property being left in wrong hands, stay of execution is ordered pending final determination of appeal.
Court Disposition
reference allowed
Orders
- stay of execution granted
- costs to follow the event
Full Case Text
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