19810316 TZHC Dar es Salaam

Stay of execution is refused because granting it would delay the appeal and prejudice the respondent's right to possession for his own use and family.

Citation: 19810316 TZHC Dar es Salaam
Parties: Appellant/applicant: Su. Bash Samati; Respondent: Mangal Singh
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 16 March 1981
Procedural Posture: Civil Appeal / Application for Stay of Execution Pending Appeal
Outcome: application refused
Legal Topics: Stay of Execution, Vacant Possession, Appeal Process
Source Language: English

Civil Procedure Stay of Execution Vacant Possession Appeal Process

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Parties

Su. Bash Samati

Appellant/applicant

Mangal Singh

Respondent

Procedural Posture

Civil Appeal / Application for Stay of Execution Pending Appeal

Legal Issues

1 Whether stay of execution should be granted pending appeal to the Court of Appeal
2 Whether the applicant is entitled to retain possession of the premises during appeal

Ratio Decidendi

Stay of execution is refused because granting it would delay the appeal and prejudice the respondent's right to possession for his own use and family.

Court Disposition

application refused

Orders

Applicant to give peaceful vacant possession of the premises immediately