said salim bakhressa vs ally a ngume 1996 tzca 24 11 march 1996

said salim bakhressa vs ally a ngume 1996 tzca 24 11 march 1996

The Court held that neither the deposit of security for costs nor the alleged poverty of the respondent constituted special circumstances warranting a stay of execution. Furthermore, the High Court's order was declaratory and not capable of execution, making a stay order ineffectual. The application was dismissed...

Source-derived case information.

Citation
said salim bakhressa vs ally a ngume 1996 tzca 24 11 march 1996
Parties
Applicant: Said Salim Bakhressa; Respondent: Ally A. Ngume
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
11 March 1996
Procedural Posture
Civil Application for Stay of Execution / Ruling on Application for Stay of Execution Pending Appeal
Outcome
Application dismissed with costs
Legal Topics
Stay of Execution, Security for Costs, Appellate Procedure
Source Language
english
Civil Procedure Stay of Execution Security for Costs Appellate Procedure

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Parties

Said Salim Bakhressa

Applicant

Ally A. Ngume

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether special circumstances exist to justify a stay of execution pending appeal
  2. 2 Whether the deposit of security for costs constitutes a special circumstance
  3. 3 Whether the respondent's alleged lack of means justifies a stay

Ratio Decidendi

The Court held that neither the deposit of security for costs nor the alleged poverty of the respondent constituted special circumstances warranting a stay of execution. Furthermore, the High Court's order was declaratory and not capable of execution, making a stay order ineffectual. The application was dismissed with costs.

Court Disposition

Application dismissed with costs

Orders

  • Application for stay of execution is dismissed
  • Applicant to pay costs