19990226 TZCA Dar es Salaam 1

19990226 TZCA Dar es Salaam 1

The application for stay of execution was overtaken by events as execution had already been effected before the application was lodged; therefore, granting a stay would serve no useful purpose.

Citation
19990226 TZCA Dar es Salaam 1
Parties
Applicant: Joackim Kalembwe; Respondent: A. N. Mwamlima
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
26 February 1999
Procedural Posture
Civil Application for Stay of Execution / Ruling on Application for Stay of Execution Pending Appeal
Outcome
Application dismissed
Legal Topics
Stay of Execution, Appeal, Execution of Decree
Source Language
English
Civil Procedure Stay of Execution Appeal Execution of Decree

Case Brief

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Parties

Joackim Kalembwe

Applicant

A. N. Mwamlima

Respondent

Procedural Posture

Civil Application for Stay of Execution / Ruling on Application for Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether a stay of execution should be granted after execution has already taken place
  2. 2 Whether the application for stay of execution has been overtaken by events

Ratio Decidendi

The application for stay of execution was overtaken by events as execution had already been effected before the application was lodged; therefore, granting a stay would serve no useful purpose.

Court Disposition

Application dismissed

Orders

  • Costs of the application to be costs in the cause