19880913 TZHC Dar es Salaam
The application for stay of execution is granted as the intended appeal raises points of law, but the absence of notice of appeal and failure to accord the applicant an opportunity to be heard are material issues for the appellate court.
- Citation
- 19880913 TZHC Dar es Salaam
- Parties
- Applicant: Mrs. Kermali; First Respondent: Registrar of Buildings; Second Respondent: Miss Bayona
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 13 September 1988
- Procedural Posture
- Civil / Ruling on Application for Stay of Execution Pending Appeal
- Outcome
- application for certification of intended appeal granted
- Legal Topics
- Stay of Execution, Appeal Procedure, Notice of Appeal, Rent Restriction Act
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Mrs. Kermali
Applicant
Registrar of Buildings
First Respondent
Miss Bayona
Second Respondent
Procedural Posture
Civil / Ruling on Application for Stay of Execution Pending Appeal
Legal Issues
- 1 Whether stay of execution can be granted without notice of appeal being filed
- 2 Whether the applicant was denied an opportunity to be heard
- 3 Whether the High Court has jurisdiction under the Rent Restriction Act, 1984, particularly section 43(1)
Ratio Decidendi
The application for stay of execution is granted as the intended appeal raises points of law, but the absence of notice of appeal and failure to accord the applicant an opportunity to be heard are material issues for the appellate court.
Court Disposition
application for certification of intended appeal granted
Orders
- Application for certification of intended appeal granted.
- Points of law for appeal formulated.
Full Case Text
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