Dr. William F. Shija versus Dr Fortunatus Masha; MZA Civil Application No. 1 of 2002: Court of Appeal of Tanzania at Mwanza (Unreported).
- Court of Appeal Rules
- Stay of execution – Factors to be taken into consideration.
- Stay of execution – whether can be granted where leave to appeal or certificate of point of law has not been granted.
- Stay of execution – Irreparable loss must be proved.
- Stay of execution – whether sale of immovable property would cause irreparable loss.
Held:-
(i) Among the grounds for stay of execution is where execution will result into substantial and irreparable loss or injury which cannot be atoned by an award of damages. However, details and particulars of loss have to be specified. Unless details and particulars of the loss were specified, there was no basis upon which the court could satisfy itself that such loss would be incurred.
(ii) The attachment and sale of immovable property will invariably cause irreparable injury. Admittedly, compensation could be ordered should the appeal succeed but money substitute is not the same as the physical house. The difference between the physical house and the money equivalent, constitutes irreparable injury.
(iii) Application for stay of execution can be granted even if leave to appeal or certificate of point of law is yet to be granted. All that is required is a notice of appeal.