19880226 TZCA Dar es Salaam3

The High Court erred in holding that the appeal against the interim order of custody was decided; only the application for stay of execution was decided. The appeal is allowed in respect of the pending appeal on interim custody and dismissed in respect of stay of execution.

Source-derived case information.

Citation: 19880226 TZCA Dar es Salaam3
Parties: Appellant: Maryam Mbarak Abood; Respondent: Abood
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 26 February 1988
Procedural Posture: Civil Appeal / Judgment
Outcome: Appeal dismissed in respect of stay of execution; appeal allowed in respect of pending appeal on interim custody.
Legal Topics: Child Custody, Interlocutory Orders, Stay of Execution
Source Language: english

Family Law Civil Procedure Child Custody Interlocutory Orders Stay of Execution

Source-derived case record

Summary, issues, holding and outcome

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2

Parties

Maryam Mbarak Abood

Appellant

Abood

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

1 Whether interlocutory orders regarding child custody are appealable
2 Whether stay of execution should be granted pending appeal

Ratio Decidendi

Court Disposition

Appeal dismissed in respect of stay of execution; appeal allowed in respect of pending appeal on interim custody.

Orders

The parties to bear their own costs.

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