20060307 TZCA Dar es Salaam
A stay of execution cannot be granted where execution has already been completed; the proper course is to seek to set aside or revise the execution proceedings, not to seek a stay.
- Citation
- 20060307 TZCA Dar es Salaam
- Parties
- Applicant: Mohammed Salmini; Respondent: Jumanne Omary Mapesa
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 7 March 2006
- Procedural Posture
- Civil Application / Ruling on Application for Stay of Execution
- Outcome
- Application dismissed with costs
- Legal Topics
- Stay of Execution, Execution of Decree
- Source Language
- English
Case Brief
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Full judgment text Downloadable case file Legal principles 3 Authorities cited 7 Party arguments 2
Parties
Mohammed Salmini
Applicant
Jumanne Omary Mapesa
Respondent
Procedural Posture
Civil Application / Ruling on Application for Stay of Execution
Legal Issues
- 1 Whether an application for stay of execution can be granted after execution has already been completed
Ratio Decidendi
A stay of execution cannot be granted where execution has already been completed; the proper course is to seek to set aside or revise the execution proceedings, not to seek a stay.
Court Disposition
Application dismissed with costs
Orders
- Application for stay of execution dismissed
- Applicant to pay costs
Full Case Text
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