The law relating to stay of execution in Tanzania: a critical analysis of practice and procedure of the court of appeal of Tanzania
| dc.contributor.author | Mndolwa, Alex Caliban | |
| dc.date.accessioned | 2020-06-16T18:59:11Z | |
| dc.date.available | 2020-06-16T18:59:11Z | |
| dc.date.issued | 2005 | |
| dc.description | Available in print form, East Africana collection, Dr. Wilbert Chagula library. | en_US |
| dc.description.abstract | This study deals with the law relating to stay of execution in Tanzania and a critical analysis of practice and procedure of the court of Appeal of Tanzania. The main purpose of this study is to analyse critically the law and practice relating to stay of execution remedy available to the judgment debtor pending the appeal and unveil some dilemmas surrounding both judgment-debtor and decree-holder when the application for stay of execution is filed. In order to examine the said subject, one main hypothesis is investigated in this study. That is whether there is certainty in the application for stay of execution as to whether the same will be granted or not. The main argument advanced in this study is that there is diversity in the application for the discretionary powers given to the court by statute. Different single judge, see differently on whether or not stay order to be given. Thus this has led into uncertainty for the applicants for stay of execution instead of certainty, which is highly needed in legal field. Thus, this calls for the need for either statute or principles guiding stay to be stated clearly and authoritatively for purposes of being firmly used or applied. Hence it is a major conclusion of this study that shortcoming in the application of rule 9(2) (b) of the court of appeal rules especially the application of Court’s discretion needs to be recanted to ensure that the interest of both judgment debtors and decree holders are well protected. This will not only ensure predictability in that aspect of law but also it will reduce the number of applications for stay as this is in line with the accepted notion that no man goes to law except in the hope of succeeding. In turn this will boost courts’ public integrity and thus contribute to the economic development. | en_US |
| dc.identifier.citation | Mndolwa, A. C (2005) The law relating to stay of execution in Tanzania: a critical analysis of practice and procedure of the court of appeal of Tanzania. Masters dissertation, University of Dar es Salaam. | en_US |
| dc.identifier.uri | http://41.86.178.5:8080/xmlui/handle/123456789/12441 | |
| dc.language.iso | en | en_US |
| dc.publisher | University of Dar es Salaam | en_US |
| dc.subject | law | en_US |
| dc.subject | Execution | en_US |
| dc.subject | Practice and procedure | en_US |
| dc.subject | Court of appeal | en_US |
| dc.subject | Tanzania | en_US |
| dc.title | The law relating to stay of execution in Tanzania: a critical analysis of practice and procedure of the court of appeal of Tanzania | en_US |
| dc.type | Thesis | en_US |