20121218 TZHC Dodoma 1
Stay of execution is warranted because ownership of the suit land is not conclusively determined and ongoing construction may prejudice the applicant if appeal succeeds.
- Citation
- 20121218 TZHC Dodoma 1
- Parties
- Applicant: Mustapha Omary Kidare; Respondent: Siki Hassani
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 18 December 2012
- Procedural Posture
- Miscellaneous Land Case Application / Application for Stay of Execution Pending Appeal
- Outcome
- application granted
- Legal Topics
- Stay of Execution, Pending Appeal, Land Dispute
- Source Language
- English
Case Brief
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Parties
Mustapha Omary Kidare
Applicant
Siki Hassani
Respondent
Procedural Posture
Miscellaneous Land Case Application / Application for Stay of Execution Pending Appeal
Legal Issues
- 1 whether stay of execution should be granted pending determination of appeal in land dispute
Ratio Decidendi
Stay of execution is warranted because ownership of the suit land is not conclusively determined and ongoing construction may prejudice the applicant if appeal succeeds.
Court Disposition
application granted
Orders
- Respondent and his agents are restrained from developing or constructing any building on the disputed land pending determination of Land Case Appeal No. 103/2010.
- Costs in the course.
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