20030624 TZHC Arusha

20030624 TZHC Arusha

The applicant has demonstrated the risk of irreparable loss if execution proceeds, and the respondent did not specifically address this point. To prevent such loss, the application for stay is granted.

Citation
20030624 TZHC Arusha
Parties
Applicant: Peter Adam; Respondent: Maria Vanda
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
24 June 2003
Procedural Posture
Misc. Civil Application / Application for Stay of Execution Pending Appeal
Outcome
Application granted
Legal Topics
Stay of Execution, Matrimonial Property, Appeal Procedure
Source Language
English
Civil Procedure Family Law Stay of Execution Matrimonial Property Appeal Procedure

Case Brief

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Parties

Peter Adam

Applicant

Maria Vanda

Respondent

Procedural Posture

Misc. Civil Application / Application for Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether execution should be stayed pending appeal in a matrimonial property dispute
  2. 2 Whether irreparable loss would be suffered by the applicant if stay is not granted

Ratio Decidendi

The applicant has demonstrated the risk of irreparable loss if execution proceeds, and the respondent did not specifically address this point. To prevent such loss, the application for stay is granted.

Court Disposition

Application granted

Orders

  • Execution in Matrimonial Cause No. 23/2003 is stayed pending determination of Civil Appeal No. 23/2002
  • No order as to costs