19980313 TZHC Dar es Salaam 1
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.
- Citation
- 19980313 TZHC Dar es Salaam 1
- Parties
- Applicant: Shomary; Respondent: Sikuzani Moh
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 13 March 1998
- Procedural Posture
- Application for Stay of Execution / Post Judgment, Pending Appeal
- Outcome
- application allowed
- Legal Topics
- Stay of Execution, Appeal Process
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Shomary
Applicant
Sikuzani Moh
Respondent
Procedural Posture
Application for Stay of Execution / Post Judgment, Pending Appeal
Legal Issues
- 1 Whether execution of the decree should be stayed pending appeal
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
Orders
- execution of the decree is stayed pending appeal
- no order as to costs
Full Case Text
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