20110419 TZHC Dodoma

20110419 TZHC Dodoma

Granting an ex parte interim order for stay of execution is justified to prevent irreparable loss and ensure the pending appeal and application for stay are not rendered nugatory, especially where eviction would cause significant hardship to applicants and their families.

Citation
20110419 TZHC Dodoma
Parties
Applicant: John Shelukindo & 98 Others; Respondent: Capital Development Authority
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
19 April 2011
Procedural Posture
Misc. Land Case Application / Ruling on Ex Parte Interim Order for Stay of Execution
Outcome
Ex parte interim order for stay of execution granted
Legal Topics
Stay of Execution, Eviction, Interim Orders
Source Language
English
Land Law Civil Procedure Stay of Execution Eviction Interim Orders

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Parties

John Shelukindo & 98 Others

Applicant

Capital Development Authority

Respondent

Procedural Posture

Misc. Land Case Application / Ruling on Ex Parte Interim Order for Stay of Execution

Legal Issues

  1. 1 Whether an ex parte interim order for stay of execution should be granted to prevent eviction pending appeal

Ratio Decidendi

Granting an ex parte interim order for stay of execution is justified to prevent irreparable loss and ensure the pending appeal and application for stay are not rendered nugatory, especially where eviction would cause significant hardship to applicants and their families.

Court Disposition

Ex parte interim order for stay of execution granted

Orders

  • Respondent restrained from evicting applicants from the suit premises pending hearing and determination of the main application inter partes