20100510 TZCA Mwanza

20100510 TZCA Mwanza

In the absence of a reply from the respondent and based on the applicant's affidavit, the balance of convenience favors the applicants, as they may suffer greater hardship if stay is not granted and there is no assurance of compensation if the appeal succeeds.

Citation
20100510 TZCA Mwanza
Parties
Applicant: Mchele Mumwi; Applicant: Makali Auction Mart; Respondent: Telesphory Alphonce Kanyweke
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
10 May 2010
Procedural Posture
Civil Application / Application for Stay of Execution Pending Appeal
Outcome
application granted
Legal Topics
Stay of Execution, Appeal, Balance of Convenience
Source Language
English
Civil Procedure Stay of Execution Appeal Balance of Convenience

Case Brief

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Parties

Mchele Mumwi

Applicant

Makali Auction Mart

Applicant

Telesphory Alphonce Kanyweke

Respondent

Procedural Posture

Civil Application / Application for Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether the applicants have met the conditions for stay of execution pending appeal

Ratio Decidendi

In the absence of a reply from the respondent and based on the applicant's affidavit, the balance of convenience favors the applicants, as they may suffer greater hardship if stay is not granted and there is no assurance of compensation if the appeal succeeds.

Court Disposition

application granted

Orders

  • stay of execution granted pending determination of the intended appeal
  • no order as to costs