20081216 TZCA Dar es Salaam

20081216 TZCA Dar es Salaam

A dismissal order is not capable of execution and does not confer any enforceable right; therefore, an application for stay of execution in such circumstances is misconceived and cannot be granted.

Citation
20081216 TZCA Dar es Salaam
Parties
Applicant: Kibo Hotel Kilimanjaro Limited; 1st Respondent: Consolidated Holding Corporation; 2nd Respondent: Impala Hotel
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
16 December 2008
Procedural Posture
Civil Application / Application for Stay of Execution; Preliminary Objection Ruling
Outcome
Application struck out with costs
Legal Topics
Stay of Execution, Dismissal of Suit, Status Quo Orders, Execution of Decrees
Source Language
English
Civil Procedure Land Law Stay of Execution Dismissal of Suit Status Quo Orders Execution of Decrees

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Parties

Kibo Hotel Kilimanjaro Limited

Applicant

Consolidated Holding Corporation

1st Respondent

Impala Hotel

2nd Respondent

Procedural Posture

Civil Application / Application for Stay of Execution; Preliminary Objection Ruling

Legal Issues

  1. 1 Whether a stay of execution can be granted where the High Court order was a dismissal of suit and setting aside of status quo
  2. 2 Whether the High Court order was capable of execution

Ratio Decidendi

A dismissal order is not capable of execution and does not confer any enforceable right; therefore, an application for stay of execution in such circumstances is misconceived and cannot be granted.

Court Disposition

Application struck out with costs

Orders

  • Preliminary objection upheld
  • Application for stay of execution struck out with costs