samson chacha vs sinda geteba 2021 tzhc 7044 10 november 2021

samson chacha vs sinda geteba 2021 tzhc 7044 10 november 2021

The application met the legal requirements for stay of execution: substantial loss was established, the application was made without undue delay, and the respondent did not contest the application. Therefore, stay of execution was granted pending appeal.

Citation
samson chacha vs sinda geteba 2021 tzhc 7044 10 november 2021
Parties
Applicant: Samson Chacha; Respondent: Sinda Geteba
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
10 November 2021
Procedural Posture
Miscellaneous Civil Application / Application for Stay of Execution Pending Appeal
Outcome
application granted
Legal Topics
Stay of Execution, Appeal, Irreparable Loss, Security for Due Performance
Source Language
English
Civil Procedure Stay of Execution Appeal Irreparable Loss Security for Due Performance

Case Brief

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Parties

Samson Chacha

Applicant

Sinda Geteba

Respondent

Procedural Posture

Miscellaneous Civil Application / Application for Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether the applicant is entitled to a stay of execution of the decree pending appeal

Ratio Decidendi

The application met the legal requirements for stay of execution: substantial loss was established, the application was made without undue delay, and the respondent did not contest the application. Therefore, stay of execution was granted pending appeal.

Court Disposition

application granted

Orders

  • Stay of execution of the decree of the District Court of Tarime at Tarime in Petition No. 1 of 2020 pending hearing of Civil Appeal No. 18 of 2021
  • Costs of the application to be in the main case