19990301 TZCA Arusha 3

19990301 TZCA Arusha 3

Stay of execution is granted as the respondent will not be prejudiced and the property is still under litigation pending appeal.

Citation
19990301 TZCA Arusha 3
Parties
Applicant: William Loitame; Respondent: Asheri Naftali
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
1 March 1999
Procedural Posture
Civil Application / Application for Stay of Execution Pending Appeal
Outcome
Application allowed
Legal Topics
Stay of Execution, Appeal Process
Source Language
English
Civil Procedure Stay of Execution Appeal Process

Case Brief

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Parties

William Loitame

Applicant

Asheri Naftali

Respondent

Procedural Posture

Civil Application / Application for Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether execution of the High Court decree should be stayed pending appeal

Ratio Decidendi

Stay of execution is granted as the respondent will not be prejudiced and the property is still under litigation pending appeal.

Court Disposition

Application allowed

Orders

  • Execution of the decree dated 7/1/97 is stayed pending determination of the intended appeal
  • No order as to costs; costs will be in the cause