nicholas nere lekule vs independent power t ltd and another 1997 tzca 90 24 february 1997
The application for stay of execution was dismissed because the High Court's order was declaratory and not capable of execution, and the applicant's loss was not irreparable as it could be adequately compensated by damages already deposited for compensation.
- Citation
- nicholas nere lekule vs independent power t ltd and another 1997 tzca 90 24 february 1997
- Parties
- Applicant: Nicholas Nere Lekule; 1st Respondent: Independent Power (T) Ltd.; 2nd Respondent: The Attorney General
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 24 February 1997
- Procedural Posture
- Civil Application / Application for Stay of Execution Pending Appeal
- Outcome
- Application dismissed
- Legal Topics
- Stay of Execution, Interim Injunction, Compensation for Land Acquisition
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Nicholas Nere Lekule
Applicant
Independent Power (T) Ltd.
1st Respondent
The Attorney General
2nd Respondent
Procedural Posture
Civil Application / Application for Stay of Execution Pending Appeal
Legal Issues
- 1 Whether a stay of execution should be granted pending appeal
- 2 Whether the High Court's order is capable of execution
- 3 Whether the applicant would suffer irreparable loss
Ratio Decidendi
The application for stay of execution was dismissed because the High Court's order was declaratory and not capable of execution, and the applicant's loss was not irreparable as it could be adequately compensated by damages already deposited for compensation.
Court Disposition
Application dismissed
Orders
- Application for stay of execution is dismissed.
Full Case Text
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