20061207 TZCA Dar es Salaam

20061207 TZCA Dar es Salaam

The applicant established that execution of the High Court's order would cause irreparable loss and render the intended appeal nugatory, and the balance of convenience favors granting a stay. The application for stay of execution is granted.

Citation
20061207 TZCA Dar es Salaam
Parties
Applicant: Jonia Kengeli Makene; Respondent: Doris Rose Makene
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
7 December 2006
Procedural Posture
Civil Application / Application for Stay of Execution Pending Appeal
Outcome
Application granted
Legal Topics
Stay of Execution, Administration of Estates, Jurisdiction, Appeal Procedure
Source Language
English
Civil Procedure Succession Law Stay of Execution Administration of Estates Jurisdiction Appeal Procedure

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

Jonia Kengeli Makene

Applicant

Doris Rose Makene

Respondent

Procedural Posture

Civil Application / Application for Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether a stay of execution should be granted pending appeal against the High Court's order revoking the applicant's appointment as administratrix and appointing the Administrator General
  2. 2 Whether execution of the High Court's order would cause irreparable loss or render the intended appeal nugatory

Ratio Decidendi

The applicant established that execution of the High Court's order would cause irreparable loss and render the intended appeal nugatory, and the balance of convenience favors granting a stay. The application for stay of execution is granted.

Court Disposition

Application granted

Orders

  • Stay of execution of the High Court's order dated 19th September, 2005 is granted pending appeal
  • Costs to be in the cause