THE Court of Appeal has stayed the execution of the High Court’s judgment and decree, granting rights to businessman Alex Msama Mwita to occupy a government plot, currently under possession and use by the Tanzania Ports Authority (TPA).
Justices Bernard Luanda, Augustine Mwarija and Rehema Mkuye ruled in favour of the TPA after granting an application successfully argued by Senior State Attorney Haruni Matagane from the Attorney General (AG)’s Chambers.
“Since the applicant (TPA) has fulfilled the requirements, we allow the application and order stay of execution of the decree of the High Court dated September 15, 2014 so long as the applicant deposits in court a bank guarantee of 40m/- within 30 days from the date of this ruling,” they said.
In supporting the application, Mr Matagane told the court that the TPA has already filed notice of appeal and applied for a typed copy of judgment and decree for the purpose of appealing the High Court decision.
Unless restrained by order of stay of execution, he submitted, the businessman shall cause and continue to cause the judgment of the District Land and Housing Tribunal of Temeke District, which was confirmed by the High Court to be executed to the detriment of TPA.
He submitted that the subject matter of the intended appeal concerned a landed property registered in the name of TPA.
If the businessman is allowed to put up new constructions or make developments on the land, and if the appeal succeeds, any demolition would cause irreparable damages
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