20050519 TZCA Dar es Salaam

20050519 TZCA Dar es Salaam

Stay of execution granted based on balance of inconvenience favoring applicants, as recovery from respondent would be difficult if appeal succeeds.

Citation
20050519 TZCA Dar es Salaam
Parties
Applicant: Robert Edward Hawkins & Another; Respondent: Patrice P. Mwaigomole
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
19 May 2005
Procedural Posture
Civil Application / Application for Stay of Execution
Outcome
application granted
Legal Topics
Stay of Execution, Balance of Convenience, Damages
Source Language
English
Civil Procedure Stay of Execution Balance of Convenience Damages

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Parties

Robert Edward Hawkins & Another

Applicant

Patrice P. Mwaigomole

Respondent

Procedural Posture

Civil Application / Application for Stay of Execution

Legal Issues

  1. 1 whether stay of execution should be granted pending appeal
  2. 2 assessment of balance of convenience

Ratio Decidendi

Stay of execution granted based on balance of inconvenience favoring applicants, as recovery from respondent would be difficult if appeal succeeds.

Court Disposition

application granted

Orders

  • stay of execution granted
  • costs to follow the event