CIVIL APPLICATION NO 490 01 OF 2024 SALIM MBAROUK VS MARIA MOMBA

CIVIL APPLICATION NO 490 01 OF 2024 SALIM MBAROUK VS MARIA MOMBA

The applicant failed to demonstrate substantial loss or good cause as required under Rule 11 of the Court of Appeal Rules, and did not comply with procedural requirements, including attaching the relevant decree. The application for stay of execution was therefore dismissed for want of merit.

Citation
CIVIL APPLICATION NO 490 01 OF 2024 SALIM MBAROUK VS MARIA MOMBA
Parties
Applicant: Salim M Barouk; Respondent: Maria M Omba
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2024
Procedural Posture
Civil Application / Ruling on Application for Stay of Execution Pending Appeal
Outcome
Application dismissed with costs
Legal Topics
Stay of Execution, Appeal Procedure, Land Dispute, Execution of Decree
Source Language
English
Civil Procedure Land Law Stay of Execution Appeal Procedure Land Dispute Execution of Decree

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Parties

Salim M Barouk

Applicant

Maria M Omba

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the applicant demonstrated good cause for stay of execution under Rule 11 of the Court of Appeal Rules
  2. 2 Whether substantial loss would result to the applicant if stay is not granted
  3. 3 Whether the respondent's financial status justifies a stay of execution

Ratio Decidendi

The applicant failed to demonstrate substantial loss or good cause as required under Rule 11 of the Court of Appeal Rules, and did not comply with procedural requirements, including attaching the relevant decree. The application for stay of execution was therefore dismissed for want of merit.

Court Disposition

Application dismissed with costs

Orders

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