KIRIBO LTD RULING 0001

KIRIBO LTD RULING 0001

The application for stay of execution is granted as it is undisputed, there are allegations of irreparable loss and illegalities, and justice requires determination of the application to set aside before execution proceeds.

Source-derived case information.

Citation
KIRIBO LTD RULING 0001
Parties
Applicant: Kiribo Ltd; Respondent: Tarime District Council; Respondent: The Attorney General
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
19 June 2024
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Stay of Execution
Outcome
Application granted
Legal Topics
Stay of Execution, Summary Judgment, Right to Be Heard, Irreparable Loss
Source Language
english
Civil Procedure Stay of Execution Summary Judgment Right to Be Heard Irreparable Loss

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Parties

Kiribo Ltd

Applicant

Tarime District Council

Respondent

The Attorney General

Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Application for Stay of Execution

Legal Issues

  1. 1 Whether execution of decree should be stayed pending determination of application to set aside summary judgment
  2. 2 Whether applicant faces irreparable loss if execution proceeds
  3. 3 Whether alleged illegalities and denial of right to be heard justify stay

Ratio Decidendi

The application for stay of execution is granted as it is undisputed, there are allegations of irreparable loss and illegalities, and justice requires determination of the application to set aside before execution proceeds.

Court Disposition

Application granted

Orders

  • Execution is stayed pending determination of the application for set aside
  • No order as to costs