19980313 TZHC Dar es Salaam 1
- Citation
- 19980313 TZHC Dar es Salaam 1
- Status
- Judgment
- Jurisdiction
- Tanzania
- Court
- TZHC
- Decision
- 13 March 1998
- Posture
- Application for Stay of Execution / Post Judgment, Pending Appeal
- Language
- English
More details
- Court
- TZHC
- Decision
- 13 March 1998
- Posture
- Application for Stay of Execution / Post Judgment, Pending Appeal
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
It would be meaningless to execute a decree that is the subject of an appeal, and maintenance of the status quo is most desirable in the circumstances.
Court disposition
application allowed
Orders
- execution of the decree is stayed pending appeal
- no order as to costs
02
Material facts
Parties
Shomary
ApplicantSikuzani Moh
Respondent Counsel: Mrs. Kato03
Procedural history
Posture
Application for Stay of Execution / Post Judgment, Pending Appeal
04
Questions and positions
Legal issues
Whether execution of the decree should be stayed pending appeal
Party arguments
- Applicant
- Applicant argued that executing the decree while an appeal is pending would be meaningless.
- Respondent
- Respondent did not show that the stay of execution would cause exceptional hardship.
05
Court’s reasoning
Legal principles
- 01
general civil procedure principles
Stay of execution may be granted where the decree is subject to appeal and maintenance of status quo is desirable.
06
Ratio, limits and disposition
Ratio decidendi
It would be meaningless to execute a decree that is the subject of an appeal, and maintenance of the status quo is most desirable in the circumstances.
Court disposition
application allowed
- execution of the decree is stayed pending appeal
- no order as to costs
Source and reliance status
TZHC · 13 March 1998
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
TZHC
Judgment· 13 March 1998
CI SHOMARY :?-I\ID • , ., , ~.,,.", • , ..... o "·. o • n". " •• ,A.PPELLl-1.N'r SIKUZANI MOH \Vi@ • o o "O O ~-- 0 O' Co O O O O e O O o O i) .PJBGPONDENT RULING,. ~~iJ.a,. J'" This application o.-.:·i71.?,tes ::-.. m·:,_trirc1021io.l cr:..u:3C "i:hc1.t was determined 7 70- execu-:i:i 1 :)f the dc::_L,,.:: :,tc,yecl r ~ .: li:1i'.; the outcome of the appeal against 1 that ~ecree was. not oucceessful. Hence this application., T hnve read the affi:bvit evidence fr·oi;i the o.pplicant and from the J;"Ospondent nn,:l I nm s::";i;j:·:'.:'i":~ "-'-'.-t it ·.dll be me2.n.inr:,;less to execute a decree 1 that ii:.:i the subject of an appeal., .Since the r?s:,012dent has not shown that 1 the stiy of execution of ' .ecree w::.ll mt her in exceptional lordship, U weH as the appJ.5.c:-'.:~:t _. -L;J~,"' --:-,::inten·:1;:ce of' the st_1;,tus quo would, in the circut1stances of this case be rnr-st desirable~ Accordingly the application is allowed• The execuL.,Ji. L.-:. decree from which it is intended to appeal is sh,yedi There will be no order as to, costs.
JUDGE Mrs. Kato: For the ResprmJ2nt" . "i,.... .,.. '· __ ,...,,... ! Lt ~~,
JUDGE 13/3/1998 -I
Case-aware research
Ask AI about this case
The judgment and available research above are public. New questions open in a separate private conversation grounded in this case.