sylivanus mutalemwa vs tranchius tryphone 2018 tzhc 2403 23 february 2018

sylivanus mutalemwa vs tranchius tryphone 2018 tzhc 2403 23 february 2018

Since there was no proof of disposition of the farm and house, execution was not completed and the application for stay of execution was not overtaken by events. There are arguable issues in the pending appeal, and denial of stay may cause hardship to the applicant. Justice demands that the stay be granted pending determination of the appeal.

Citation
sylivanus mutalemwa vs tranchius tryphone 2018 tzhc 2403 23 february 2018
Parties
Applicant: Sylivanus Mutalemwa; Respondent: Tranchius Tryphone
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
23 February 2018
Procedural Posture
Civil Application / Ruling on Application for Stay of Execution Pending Appeal
Outcome
Stay of execution granted pending determination of appeal No. 3/2017.
Legal Topics
Stay of Execution, Appeal, Execution of Decree
Source Language
English
Civil Procedure Stay of Execution Appeal Execution of Decree

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Parties

Sylivanus Mutalemwa

Applicant

Tranchius Tryphone

Respondent

Procedural Posture

Civil Application / Ruling on Application for Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether the application for stay of execution has been overtaken by events
  2. 2 Whether the prayer for stay of execution is maintainable

Ratio Decidendi

Since there was no proof of disposition of the farm and house, execution was not completed and the application for stay of execution was not overtaken by events. There are arguable issues in the pending appeal, and denial of stay may cause hardship to the applicant. Justice demands that the stay be granted pending determination of the appeal.

Court Disposition

Stay of execution granted pending determination of appeal No. 3/2017.

Orders

  • Neither the farm nor the house should be sold until determination of appeal No. 3/2017.