Paschal Arusha
The Tribunal misdirected itself in ordering a stay of execution pending determination of the application for revision, as the law does not permit stay of execution solely on the basis of pendency of appeal or revision applications.
- Citation
- Paschal Arusha
- Parties
- Appellant: Paschal Arusha; Respondent: Mosses Mollel
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 2 August 2024
- Procedural Posture
- Land Appeal / Judgment on Appeal Against Stay of Execution Order
- Outcome
- Appeal allowed with costs
- Legal Topics
- Stay of Execution, Execution Proceedings, Appeal Procedure
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Paschal Arusha
Appellant
Mosses Mollel
Respondent
Procedural Posture
Land Appeal / Judgment on Appeal Against Stay of Execution Order
Legal Issues
- 1 Whether the Tribunal erred in staying execution pending determination of revision/extension of time applications
Ratio Decidendi
The Tribunal misdirected itself in ordering a stay of execution pending determination of the application for revision, as the law does not permit stay of execution solely on the basis of pendency of appeal or revision applications.
Court Disposition
Appeal allowed with costs
Orders
- Decision of the Tribunal dated 16/5/2024 set aside
- Case file to be immediately returned to the Tribunal for execution proceedings to continue
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment