19990226 TZCA Dar es Salaam
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
- Parties
- Applicant: Joackim Kalembwe; Respondent: Mono Mwamlima
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 26 February 1999
- Procedural Posture
- Civil Application / Ruling on Application for Stay of Execution Pending Appeal
- Outcome
- Application dismissed
- Legal Topics
- Stay of Execution, Appeal Process, Execution of Decrees
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Joackim Kalembwe
Applicant
Mono Mwamlima
Respondent
Procedural Posture
Civil Application / Ruling on Application for Stay of Execution Pending Appeal
Legal Issues
- 1 Whether a stay of execution can be granted after execution has already been effected
- 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
Full Case Text
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