20061106 TZCA Zanzibar

20061106 TZCA Zanzibar

A stay of execution is warranted where both parties acknowledge omissions and errors in the decree, and executing such a decree may cause difficulties and inconvenience. Prudence and common sense require staying execution until the issues are addressed on appeal.

Citation
20061106 TZCA Zanzibar
Parties
Applicant: Kombo Khamis Hassan; Respondent: Paraskeyopolous Angelo
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
6 November 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, Errors and Omissions in Decree
Source Language
English
Civil Procedure Stay of Execution Balance of Convenience Execution of Decree Errors and Omissions in 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 warranted where both parties acknowledge omissions and errors in the decree, and executing such a decree may cause difficulties and inconvenience. Prudence and common sense require staying execution until the issues are addressed on appeal.

Court Disposition

Application for stay of execution granted.

Orders

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