Patel Trading Co. (1961) Ltd and Another versus Bakari Omari Wema

Patel Trading Co. (1961) Ltd and Another versus Bakari Omari Wema; Civil Application No 19 of 2014: Court of Appeal of Tanzania at Mwanza (Unreported).

• Court of Appeal Rules

• Stay of execution – stay can only be granted on executable decree, that is, the decree gives a right or command.

Held:-

(i) A stay of execution can properly be asked for where there is a Court order granting a right to the respondent, or commanding or directing him to do something that affects the applicant.

(ii) When the decision of the court is mere dismissal order, the parties position revert to the same status quo as they were before so no order for stay of execution can be granted.