19881108 TZHC Mwanza

19881108 TZHC Mwanza

The applicants failed to demonstrate that substantial loss may result to them unless the order is made, which is a mandatory condition for granting a stay of execution under Order 39 Rule 5(3)(a) of the Civil Procedure Code.

Citation
19881108 TZHC Mwanza
Parties
Plaintiff: M. Ngevu; Defendants: 8 Defendants (members of Nchrrenge traditional army/Baraza la Jadi/Gungasungu)
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
8 November 1988
Procedural Posture
Civil / Application for Stay of Execution Pending Appeal
Outcome
Application dismissed with costs
Legal Topics
Stay of Execution, Appeal Process, Order 39 Rule 5 Civil Procedure Code
Source Language
English
Civil Procedure Stay of Execution Appeal Process Order 39 Rule 5 Civil Procedure Code

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Parties

M. Ngevu

Plaintiff

8 Defendants (members of Nchrrenge traditional army/Baraza la Jadi/Gungasungu)

Defendants

Procedural Posture

Civil / Application for Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether the applicants are entitled to a stay of execution pending appeal under Order 39 Rule 5 of the Civil Procedure Code

Ratio Decidendi

The applicants failed to demonstrate that substantial loss may result to them unless the order is made, which is a mandatory condition for granting a stay of execution under Order 39 Rule 5(3)(a) of the Civil Procedure Code.

Court Disposition

Application dismissed with costs

Orders

  • Application for stay of execution is dismissed with costs