rwechungura idd vs fulaison flans 2018 tzhc 2353 2 march 2018

rwechungura idd vs fulaison flans 2018 tzhc 2353 2 march 2018

The stay of execution order was rendered ineffective and void once the revision application, which was its basis, was withdrawn. Without a pending revision, the order for stay of execution could not subsist and was overtaken by events.

Citation
rwechungura idd vs fulaison flans 2018 tzhc 2353 2 march 2018
Parties
Appellant: Rwechungura Idd; Respondent: Fulaison Flansi
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
2 March 2018
Procedural Posture
Land Case Appeal / Judgment
Outcome
Appeal allowed with costs
Legal Topics
Stay of Execution, Revision Proceedings, Execution of Tribunal Orders, Procedural Fairness
Source Language
English
Land Law Civil Procedure Stay of Execution Revision Proceedings Execution of Tribunal Orders Procedural Fairness

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2
Sign in to unlock

Parties

Rwechungura Idd

Appellant

Fulaison Flansi

Respondent

Procedural Posture

Land Case Appeal / Judgment

Legal Issues

  1. 1 Whether the District Land and Housing Tribunal erred in granting a stay of execution without reasonable cause
  2. 2 Whether the stay of execution order could subsist after withdrawal of the revision application

Ratio Decidendi

The stay of execution order was rendered ineffective and void once the revision application, which was its basis, was withdrawn. Without a pending revision, the order for stay of execution could not subsist and was overtaken by events.

Court Disposition

Appeal allowed with costs

Orders

  • Order for stay of execution given on 24/3/2016 set aside
  • Court file remitted to the District Land and Housing Tribunal for continuation of execution process