CIVIL APPLICATION NO 242 01 OF 2024 MOHAMED ENTERPRISES TANZANIA LIMITED VS DINDIRA TEA ESTATES LIMITED
The Court found that the decree to be executed and the intended appeal are sufficiently connected, as the subject matter (the suit property) is common to both. Execution of the decree would render the intended appeal nugatory and cause substantial loss to the applicant, including loss of investment and employment. The applicant met the requirements for stay of execution, and the Court exercised its discretion under Rule 4(2) in the interest of justice to grant the stay, subject to conditions.
Source excerpt
- Stay of execution
- Appeal procedure
- Decree satisfaction
- Specific performance
- Land registration