20131129 TZHC Mtwara

20131129 TZHC Mtwara

The applicant failed to show sufficient cause for stay of execution. The alleged loss is not irreparable and can be compensated by damages if the appeal succeeds. The application was also filed with unreasonable delay, contrary to the requirements of the law.

Citation
20131129 TZHC Mtwara
Parties
Applicant: Juma A. Bakari; Respondent: Mbaraka A. Bakari
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
29 November 2013
Procedural Posture
Application for Stay of Execution / Ruling on Application for Stay Pending Appeal
Outcome
Application dismissed with costs.
Legal Topics
Stay of Execution, Appeal, Delay in Application, Substantial Loss
Source Language
English
Civil Procedure Stay of Execution Appeal Delay in Application Substantial Loss

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Parties

Juma A. Bakari

Applicant

Mbaraka A. Bakari

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether sufficient cause has been shown to grant a stay of execution pending appeal
  2. 2 Whether the applicant will suffer substantial or irreparable loss if stay is not granted
  3. 3 Whether the application was made without unreasonable delay

Ratio Decidendi

The applicant failed to show sufficient cause for stay of execution. The alleged loss is not irreparable and can be compensated by damages if the appeal succeeds. The application was also filed with unreasonable delay, contrary to the requirements of the law.

Court Disposition

Application dismissed with costs.

Orders

  • Application for stay of execution is dismissed.
  • Applicant to pay costs.