2000831 TZHC Moshi

It is just and equitable to stay execution because the property is residential and the applicant's extended family resides there, pending the outcome of the appeal.

Citation: 2000831 TZHC Moshi
Parties: Applicant: Jerome Komallya; Respondent: Elizabeth Lekunani; Respondent: Zuberi Mtengeri
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 1 January 2000
Procedural Posture: Miscellaneous Civil Application / Application for Stay of Execution Pending Appeal
Outcome: Application granted
Legal Topics: Stay of Execution, Appeals, Equitable Relief
Source Language: English

Civil Procedure Stay of Execution Appeals Equitable Relief

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Parties

Jerome Komallya

Applicant

Elizabeth Lekunani

Respondent

Zuberi Mtengeri

Respondent

Procedural Posture

Miscellaneous Civil Application / Application for Stay of Execution Pending Appeal

Legal Issues

1 Whether execution of the decree should be stayed pending appeal to the Court of Appeal of Tanzania

Ratio Decidendi

It is just and equitable to stay execution because the property is residential and the applicant's extended family resides there, pending the outcome of the appeal.

Court Disposition

Application granted

Orders

Execution of the decree is stayed until disposal of the appeal to the Court of Appeal of Tanzania.
Respondents to be notified.