20100217 TZCA Arusha

20100217 TZCA Arusha

The existence of a proper notice of appeal gives the court jurisdiction to entertain the application for stay of execution. Execution of the decree would cause irreparable injury and render the appeal nugatory, justifying the grant of stay.

Citation
20100217 TZCA Arusha
Parties
Applicant: Ramadhani Ally; Applicant: Daima Ally; Applicant: Hadija Ally; Respondent: Shabani Ally
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
17 February 2010
Procedural Posture
Civil Application / Application for Stay of Execution Pending Appeal
Outcome
Stay of execution granted pending appeal.
Legal Topics
Stay of Execution, Appeal Procedure, Affidavit Requirements, Irreparable Injury
Source Language
English
Civil Procedure Stay of Execution Appeal Procedure Affidavit Requirements Irreparable Injury

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Parties

Ramadhani Ally

Applicant

Daima Ally

Applicant

Hadija Ally

Applicant

Shabani Ally

Respondent

Procedural Posture

Civil Application / Application for Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether the applicants are entitled to a stay of execution pending appeal
  2. 2 Whether the affidavit in support is competent
  3. 3 Whether execution would render the appeal nugatory

Ratio Decidendi

The existence of a proper notice of appeal gives the court jurisdiction to entertain the application for stay of execution. Execution of the decree would cause irreparable injury and render the appeal nugatory, justifying the grant of stay.

Court Disposition

Stay of execution granted pending appeal.

Orders

  • Stay of execution of the High Court decree and orders in Civil Appeal No. 39 of 2006 pending appeal.
  • Costs to follow the event.