duncun mac vs amini 2022 tzhccomd 278 13 september 2022

duncun mac vs amini 2022 tzhccomd 278 13 september 2022

Execution proceedings at the High Court are suspended pending the outcome of the application for stay of execution before the Court of Appeal.

Citation
duncun mac vs amini 2022 tzhccomd 278 13 september 2022
Parties
Decree Holder: Duncan Bruce Macdonald; Judgment Debtor: Amini Nderingo Kimaro
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
13 September 2022
Procedural Posture
Execution Proceedings / Preliminary Objection Ruling
Outcome
execution proceedings suspended
Legal Topics
Stay of Execution, Execution Proceedings, Preliminary Objection
Source Language
English
Civil Procedure Stay of Execution Execution Proceedings Preliminary Objection

Case Brief

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Parties

Duncan Bruce Macdonald

Decree Holder

Amini Nderingo Kimaro

Judgment Debtor

Procedural Posture

Execution Proceedings / Preliminary Objection Ruling

Legal Issues

  1. 1 Whether execution proceedings should continue pending an application for stay of execution at the Court of Appeal

Ratio Decidendi

Execution proceedings at the High Court are suspended pending the outcome of the application for stay of execution before the Court of Appeal.

Court Disposition

execution proceedings suspended

Orders

  • Execution proceedings are suspended to await the decision of the pending application for stay of execution before the Court of Appeal