keith horan another vs zameer sherali rashid another 2019 tzca 438 6 december 2019

keith horan another vs zameer sherali rashid another 2019 tzca 438 6 december 2019

The decree of the High Court is non-executable as it grants no enforceable rights; therefore, the application for stay of execution is misconceived and must be struck out.

Citation
keith horan another vs zameer sherali rashid another 2019 tzca 438 6 december 2019
Parties
Applicant: Keith Horan; Applicant: Z. Hotel; Applicant: Katibu Kamati ya Maendeleo Shehia ya Nungwi; Applicant: Kamati ya Maendeleo Shehia ya Nungwi; Respondent: Zameer Sherali Rashid
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
6 December 2019
Procedural Posture
Civil Application / Ruling on Application for Stay of Execution
Outcome
Application struck out
Legal Topics
Stay of Execution, Default Judgment, Appeal Procedure
Source Language
English
Civil Procedure Property Law Stay of Execution Default Judgment Appeal Procedure

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Parties

Keith Horan

Applicant

Z. Hotel

Applicant

Katibu Kamati ya Maendeleo Shehia ya Nungwi

Applicant

Kamati ya Maendeleo Shehia ya Nungwi

Applicant

Zameer Sherali Rashid

Respondent

Procedural Posture

Civil Application / Ruling on Application for Stay of Execution

Legal Issues

  1. 1 Whether the decree of the High Court is executable and capable of being stayed
  2. 2 Whether the application meets the requirements for stay of execution

Ratio Decidendi

The decree of the High Court is non-executable as it grants no enforceable rights; therefore, the application for stay of execution is misconceived and must be struck out.

Court Disposition

Application struck out

Orders

  • Each party to bear its own costs