CIVIL APPLICATION NO 682 02 OF 2024 MOSES MOLLEL VS PASCHAL ARUSHA

CIVIL APPLICATION NO 682 02 OF 2024 MOSES MOLLEL VS PASCHAL ARUSHA

The application for stay of execution is misconceived because the High Court's decree in Land Appeal No. 12890 of 2024 is non-executable and does not grant any enforceable rights; therefore, there is nothing to stay under rule 11 of the Tanzania Court of Appeal Rules, 2009.

Citation
CIVIL APPLICATION NO 682 02 OF 2024 MOSES MOLLEL VS PASCHAL ARUSHA
Parties
Applicant: Mosses M Ollel; Respondent: Paschal Arusha
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2024
Procedural Posture
Civil Application for Stay of Execution / Ruling on Application for Stay of Execution Pending Appeal
Outcome
Application struck out with costs
Legal Topics
Stay of Execution, Appeals, Execution of Decrees
Source Language
English
Civil Procedure Land Law Stay of Execution Appeals Execution of Decrees

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Parties

Mosses M Ollel

Applicant

Paschal Arusha

Respondent

Procedural Posture

Civil Application for Stay of Execution / Ruling on Application for Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether the decree/order of the High Court in Land Appeal No. 12890 of 2024 is executable and capable of being stayed under rule 11 of the Tanzania Court of Appeal Rules, 2009
  2. 2 Whether the application for stay of execution is properly before the court

Ratio Decidendi

The application for stay of execution is misconceived because the High Court's decree in Land Appeal No. 12890 of 2024 is non-executable and does not grant any enforceable rights; therefore, there is nothing to stay under rule 11 of the Tanzania Court of Appeal Rules, 2009.

Court Disposition

Application struck out with costs

Orders

  • The application for stay of execution is struck out with costs