20050512 TZCA Dar es Salaam2

20050512 TZCA Dar es Salaam2

The applicant demonstrated risk of irreparable loss if stay is not granted, as sale of the property would make restoration impossible if the appeal succeeds, and balance of convenience favors the applicant. Execution is not complete until the sale proceeds are paid to the decree holder, so stay can be granted at this stage.

Citation
20050512 TZCA Dar es Salaam2
Parties
Applicant: Tanzania Motor Services Ltd.; Respondent: Tantrack Agencies Ltd.
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
12 May 2005
Procedural Posture
Civil Application for Stay of Execution / Ruling on Application for Stay of Execution and Preliminary Objection
Outcome
Application for stay of execution granted; preliminary objection dismissed.
Legal Topics
Stay of Execution, Irreparable Loss, Balance of Convenience, Execution of Decree
Source Language
English
Civil Procedure Stay of Execution Irreparable Loss Balance of Convenience Execution of Decree

Case Brief

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Parties

Tanzania Motor Services Ltd.

Applicant

Tantrack Agencies Ltd.

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the application for stay of execution is overtaken by events due to partial execution
  2. 2 Whether the applicant will suffer irreparable loss if stay is not granted
  3. 3 Whether balance of convenience favors granting stay

Ratio Decidendi

The applicant demonstrated risk of irreparable loss if stay is not granted, as sale of the property would make restoration impossible if the appeal succeeds, and balance of convenience favors the applicant. Execution is not complete until the sale proceeds are paid to the decree holder, so stay can be granted at this stage.

Court Disposition

Application for stay of execution granted; preliminary objection dismissed.

Orders

  • Stay of execution granted pending determination of intended appeal, on condition that applicant shall not sell, alter, change, transfer, pledge, mortgage, destroy, damage or do anything bad to the disputed premises.
  • Costs awarded to applicant.