19870107 TZHC Dar es Salaam

19870107 TZHC Dar es Salaam

The application was not properly before the High Court as the chamber summons and affidavit were inconsistent and not properly filed; even if properly before the court, the applicant failed to show substantial loss or provide security as required by law.

Citation
19870107 TZHC Dar es Salaam
Parties
Applicant/appellant: Issa Ally Kagire; Respondent: Jumani H. Ally; Respondent: Mbihari H. Ally
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
7 January 1987
Procedural Posture
Application for Stay of Execution Pending Appeal / Ruling on Interlocutory Application
Outcome
application dismissed
Legal Topics
Stay of Execution, Jurisdiction, Affidavit Requirements
Source Language
English
Civil Procedure Stay of Execution Jurisdiction Affidavit Requirements

Case Brief

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Parties

Issa Ally Kagire

Applicant/appellant

Jumani H. Ally

Respondent

Mbihari H. Ally

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the application for stay of execution is properly before the High Court
  2. 2 Whether the applicant has satisfied the requirements for stay under Order 39 Rule 5 Civil Procedure Code

Ratio Decidendi

The application was not properly before the High Court as the chamber summons and affidavit were inconsistent and not properly filed; even if properly before the court, the applicant failed to show substantial loss or provide security as required by law.

Court Disposition

application dismissed

Orders

  • Application for stay of execution is rejected and dismissed with costs.