CIVIL APPLICATION NO

CIVIL APPLICATION NO

The court is not functus officio as the previous application was struck out and did not result in a binding decision; the applicant has satisfied the conditions for stay of execution, and the subject matter should be preserved pending appeal to prevent the appeal from being rendered nugatory.

Citation
CIVIL APPLICATION NO
Parties
Applicant: Teresia Sanky Rigoni; 1st Respondent: Peter Breuer; 2nd Respondent: Latifa Kassim Ally (as Administrator to the Estate of the Late Madina Juma Mvumba); 3rd Respondent: Latifa Kassim Ally; 4th Respondent: The Commissioner for Lands; 5th Respondent: The Hon. Attorney General
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2024
Procedural Posture
Civil Application / Ruling on Application for Stay of Execution Pending Appeal
Outcome
Application for stay of execution allowed
Legal Topics
Stay of Execution, Functus Officio, Preservation of Subject Matter, Appeal Process
Source Language
English
Civil Procedure Land Law Stay of Execution Functus Officio Preservation of Subject Matter Appeal Process

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Parties

Teresia Sanky Rigoni

Applicant

Peter Breuer

1st Respondent

Latifa Kassim Ally (as Administrator to the Estate of the Late Madina Juma Mvumba)

2nd Respondent

Latifa Kassim Ally

3rd Respondent

The Commissioner for Lands

4th Respondent

The Hon. Attorney General

5th Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the court is functus officio to determine the application for stay of execution
  2. 2 Whether there is a decree capable of execution in Land Case No. 250 of 2021
  3. 3 Whether the applicant has satisfied the conditions for grant of stay of execution

Ratio Decidendi

The court is not functus officio as the previous application was struck out and did not result in a binding decision; the applicant has satisfied the conditions for stay of execution, and the subject matter should be preserved pending appeal to prevent the appeal from being rendered nugatory.

Court Disposition

Application for stay of execution allowed

Orders

  • 2nd and 3rd respondents to preserve the status quo and are stopped from enforcing the High Court decree in Land Case No. 250 of 2021 pending appeal
  • 2nd and 3rd respondents are stopped from undertaking any construction on the disputed property pending appeal