CIVIL APPLICATION NO 218 OF 2024 TERESIA SANKY RIGONI VS PETER BREUBER 4 OTHERS

CIVIL APPLICATION NO 218 OF 2024 TERESIA SANKY RIGONI VS PETER BREUBER 4 OTHERS

A decree dismissing a suit with costs, without granting any relief to either party, is not executable and thus cannot be stayed; the application for stay of execution is misconceived and untenable.

Citation
CIVIL APPLICATION NO 218 OF 2024 TERESIA SANKY RIGONI VS PETER BREUBER 4 OTHERS
Parties
Applicant: Teresia Sanky Rigoni; 1st Respondent: Peter Breuber; 2nd Respondent: Latifa Kassim Ally (As administrator of 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
Outcome
application struck out with costs
Legal Topics
Stay of Execution, Executability of Decree, Dismissal of Suit
Source Language
English
Civil Procedure Land Law Stay of Execution Executability of Decree Dismissal of Suit

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Parties

Teresia Sanky Rigoni

Applicant

Peter Breuber

1st Respondent

Latifa Kassim Ally (As administrator of 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

Legal Issues

  1. 1 Whether the decree arising from dismissal of the suit is executable and thus capable of being stayed

Ratio Decidendi

A decree dismissing a suit with costs, without granting any relief to either party, is not executable and thus cannot be stayed; the application for stay of execution is misconceived and untenable.

Court Disposition

application struck out with costs

Orders

  • application for stay of execution is struck out with costs