20100325 TZCA Dar es Salaam1

20100325 TZCA Dar es Salaam1

Applicant failed to demonstrate substantial loss as required by Rule 11(2)(d)(i); compensation was already paid, and execution by vacant possession would not affect any further compensatory order. The claim regarding the plot's registration status was irrelevant to ownership and not grounds for stay.

Citation
20100325 TZCA Dar es Salaam1
Parties
Applicant: Peter Paul Temba t/a Mahenge Timber & Ent; 1st Respondent: Dar es Salaam City Council; 2nd Respondent: Hassan Ibrahim Sobo
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
25 March 2010
Procedural Posture
Civil Application for Stay of Execution / Ruling on Application for Stay Pending Appeal
Outcome
application dismissed with costs
Legal Topics
Stay of Execution, Compensation, Land Ownership, Appeal Process
Source Language
English
Civil Procedure Stay of Execution Compensation Land Ownership Appeal Process

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Parties

Peter Paul Temba t/a Mahenge Timber & Ent

Applicant

Dar es Salaam City Council

1st Respondent

Hassan Ibrahim Sobo

2nd Respondent

Procedural Posture

Civil Application for Stay of Execution / Ruling on Application for Stay Pending Appeal

Legal Issues

  1. 1 Whether the applicant has established grounds for stay of execution under Rule 11(2)(d) of the Court of Appeal Rules, 2009

Ratio Decidendi

Applicant failed to demonstrate substantial loss as required by Rule 11(2)(d)(i); compensation was already paid, and execution by vacant possession would not affect any further compensatory order. The claim regarding the plot's registration status was irrelevant to ownership and not grounds for stay.

Court Disposition

application dismissed with costs

Orders

  • application for stay of execution dismissed
  • costs awarded to respondents