kombo khamis hassan vs paraskeyopolous angelo 2006 tzca 27 6 november 200

kombo khamis hassan vs paraskeyopolous angelo 2006 tzca 27 6 november 200

A stay of execution is granted because both parties acknowledge omissions and errors in the decree, and executing such a decree before appellate review may cause inconvenience and problems to both parties.

Citation
kombo khamis hassan vs paraskeyopolous angelo 2006 tzca 27 6 november 200
Parties
Applicant: Kombo Khamis Hassan; Respondent: Paraskeyopolous Angelo
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
1 January 2006
Procedural Posture
Civil Application for Stay of Execution / Ruling on Application for Stay of Execution Pending Appeal
Outcome
Application for stay of execution granted.
Legal Topics
Stay of Execution, Balance of Convenience, Execution of Decree
Source Language
English
Civil Procedure Stay of Execution Balance of Convenience Execution of Decree

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Parties

Kombo Khamis Hassan

Applicant

Paraskeyopolous Angelo

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether a stay of execution should be granted pending appeal due to alleged difficulties and errors in the decree

Ratio Decidendi

A stay of execution is granted because both parties acknowledge omissions and errors in the decree, and executing such a decree before appellate review may cause inconvenience and problems to both parties.

Court Disposition

Application for stay of execution granted.

Orders

  • Stay of execution of the High Court decree is granted pending appeal.
  • No order as to costs.