NA TZCA Dar es Salaam Stecy5

NA TZCA Dar es Salaam Stecy5

Stay of execution is not granted where execution has already been effected and the purpose of stay would serve no useful purpose; discretionary power not exercised as matter overtaken by events.

Citation
NA TZCA Dar es Salaam Stecy5
Parties
Applicant: Mayasa Mzee; Respondent: Mohamed Hassan; Respondent: Hussein Mfaume; Respondent: Julius Singano
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
3 April 2001
Procedural Posture
Civil Application / Application for Stay of Execution
Outcome
application dismissed
Legal Topics
Stay of Execution, Public Auction, Eviction, Distribution of Sale Proceeds
Source Language
English
Civil Procedure Stay of Execution Public Auction Eviction Distribution of Sale Proceeds

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Parties

Mayasa Mzee

Applicant

Mohamed Hassan

Respondent

Hussein Mfaume

Respondent

Julius Singano

Respondent

Procedural Posture

Civil Application / Application for Stay of Execution

Legal Issues

  1. 1 Whether stay of execution should be granted pending appeal
  2. 2 Whether execution has already been effected rendering stay futile

Ratio Decidendi

Stay of execution is not granted where execution has already been effected and the purpose of stay would serve no useful purpose; discretionary power not exercised as matter overtaken by events.

Court Disposition

application dismissed