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Tanzania decisions
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The decree in question is not executable as it merely appoints the respondent as executor and issues letters of probate, conferring no enforceable right or obligation that can be stayed. Therefore, the application for stay of execution is incompetent and must be struck out.
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The application was misconceived and incompetent because the decree sought to be stayed was not executable, as it merely dismissed the appeal without granting any enforceable relief. Only executable decrees can be stayed.
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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.
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The application for stay of execution is misconceived and must be dismissed because there is no decree capable of being executed and no notice of execution issued by an executing officer; the auctioneer's notice is not a notice of execution of a decree appealed from.
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There was no executable decree arising from the High Court's dismissal of the suit; therefore, there was nothing to stay. Additionally, the Court of Appeal lacks jurisdiction to grant injunctive or restraining orders in appellate matters.
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