mohamed said bakram vs gideon mhewa 1997 tzca 91 5 may 1997

mohamed said bakram vs gideon mhewa 1997 tzca 91 5 may 1997

Given the long delay and the applicant's continued occupation without rent, and as the ownership issue can be resolved at any stage, it is not in the interest of justice to grant a stay of execution.

Citation
mohamed said bakram vs gideon mhewa 1997 tzca 91 5 may 1997
Parties
Applicant: Mohamed Said Bakram; Respondent: Gideon Mhewa; Respondent: Jumanne James
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
5 May 1997
Procedural Posture
Civil Application / Application for Stay of Execution Pending Appeal
Outcome
Application dismissed
Legal Topics
Stay of Execution, Eviction, Appeals, Ownership Disputes
Source Language
English
Civil Procedure Property Law Stay of Execution Eviction Appeals Ownership Disputes

Case Brief

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Parties

Mohamed Said Bakram

Applicant

Gideon Mhewa

Respondent

Jumanne James

Respondent

Procedural Posture

Civil Application / Application for Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether an order for stay of execution of the High Court decision should be granted pending appeal

Ratio Decidendi

Given the long delay and the applicant's continued occupation without rent, and as the ownership issue can be resolved at any stage, it is not in the interest of justice to grant a stay of execution.

Court Disposition

Application dismissed

Orders

  • Costs of the application to be costs in the pending appeal.
  • The house on plot No. G. 38 Jamat Street, Iringa Municipality is not to be disposed of in any way until the pending appeal is finally determined.