mengele vs law another 2005 tzca 69 20 october 200

The Drawn Order sought to be stayed is a negative order dismissing the revision and is incapable of execution; therefore, the application for stay of execution is incompetent and must be dismissed.

Citation: mengele vs law another 2005 tzca 69 20 october 200
Parties: Applicant: Mabruck Mengele; 1st Respondent: Vernon David Law; 2nd Respondent: Another (2nd Respondent, landlord)
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 1 January 2005
Procedural Posture: Civil Application / Application for Stay of Execution
Outcome: application dismissed with costs
Legal Topics: Stay of Execution, Negative Orders, Revisional Jurisdiction
Source Language: English

Civil Procedure Stay of Execution Negative Orders Revisional Jurisdiction

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Parties

Mabruck Mengele

Applicant

Vernon David Law

1st Respondent

Another (2nd Respondent, landlord)

2nd Respondent

Procedural Posture

Civil Application / Application for Stay of Execution

Legal Issues

1 Whether a negative order dismissing a revision is capable of being stayed pending appeal

Ratio Decidendi

The Drawn Order sought to be stayed is a negative order dismissing the revision and is incapable of execution; therefore, the application for stay of execution is incompetent and must be dismissed.

Court Disposition

application dismissed with costs

Orders

application for stay of execution dismissed
each party to bear its costs