20071218 TZCA Dar es Salaam

20071218 TZCA Dar es Salaam

The application for stay of execution was dismissed because the transfer and registration of the property had already occurred, rendering the application moot and overtaken by events. There was nothing left to restrain by a stay order.

Source-derived case information.

Citation
20071218 TZCA Dar es Salaam
Parties
Applicant: Shabir Ebrahim Bhaijee; Applicant: Faza Shabir Bhaijee; Applicant: Huzaira Shabir Bhaijee; Respondent: Selemani Rajabu Mizino; Respondent: Registrar of Titles
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
18 December 2007
Procedural Posture
Civil Application / Ruling on Application for Stay of Execution and Preliminary Objection
Outcome
Application dismissed with costs
Legal Topics
Stay of Execution, Transfer of Title, Appeal Procedure
Source Language
english
Civil Procedure Property Law Stay of Execution Transfer of Title Appeal Procedure

Source-derived case record

Summary, issues, holding and outcome

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Parties

Shabir Ebrahim Bhaijee

Applicant

Faza Shabir Bhaijee

Applicant

Huzaira Shabir Bhaijee

Applicant

Selemani Rajabu Mizino

Respondent

Registrar of Titles

Respondent

Procedural Posture

Civil Application / Ruling on Application for Stay of Execution and Preliminary Objection

Legal Issues

  1. 1 Whether the application for stay of execution has been overtaken by events
  2. 2 Whether the Court can grant a stay of execution after the transfer and registration of title has already occurred

Ratio Decidendi

The application for stay of execution was dismissed because the transfer and registration of the property had already occurred, rendering the application moot and overtaken by events. There was nothing left to restrain by a stay order.

Court Disposition

Application dismissed with costs

Orders

  • Registrar of the Court of Appeal to instruct the Registrar of the High Court to investigate the alleged proceedings in the Primary Court after the hearing of the application.