20070809 TZCA Dar es Salaam

20070809 TZCA Dar es Salaam

The applicant failed to specify details of substantial and irreparable loss, but in the interest of safeguarding both parties, a stay of execution is granted on condition that the full decretal amount is deposited into court pending appeal.

Citation
20070809 TZCA Dar es Salaam
Parties
Applicant: Kishor Gulam Vara; Respondent: Kulthum Issa
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
9 August 2007
Procedural Posture
Civil Application / Application for Stay of Execution Pending Appeal
Outcome
stay of execution granted with condition
Legal Topics
Stay of Execution, Maintenance of Child, Appeal Procedure
Source Language
English
Civil Procedure Family Law Stay of Execution Maintenance of Child Appeal Procedure

Case Brief

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Parties

Kishor Gulam Vara

Applicant

Kulthum Issa

Respondent

Procedural Posture

Civil Application / Application for Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether a stay of execution should be granted pending appeal
  2. 2 Whether the applicant demonstrated substantial and irreparable loss if stay is refused
  3. 3 Whether the decree involves illegality or lack of jurisdiction

Ratio Decidendi

The applicant failed to specify details of substantial and irreparable loss, but in the interest of safeguarding both parties, a stay of execution is granted on condition that the full decretal amount is deposited into court pending appeal.

Court Disposition

stay of execution granted with condition

Orders

  • Stay of execution granted on condition that T.shs. 6,500,000 is deposited into court pending outcome of the intended appeal.
  • Costs to be in the cause.