ivan makobrad vs miroslav katic vesna paladin and ingra 1998 tzca 18 8 december 1998

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

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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

  1. 1 Whether service of documents is required in references under Tanzania Court of Appeal Rules
  2. 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