20130712 TZCA Dar es Salaam

20130712 TZCA Dar es Salaam

The application was dismissed because it was filed out of time, lacked grounds in the notice of motion, failed to furnish security, and the subject property had already been sold, rendering the application moot.

Citation
20130712 TZCA Dar es Salaam
Parties
Applicant: Mtakuja Kondo; Applicant: Mwangaza Kondo; Applicant: Mustafa Kondo; Applicant: Lwinde Kondo; Respondent: Wendo Maliki
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
12 July 2013
Procedural Posture
Civil Application / Application for Stay of Execution Pending Appeal
Outcome
Application dismissed with costs
Legal Topics
Stay of Execution, Limitation Period, Security for Stay, Probate Dispute, Appeal Procedure
Source Language
English
Civil Procedure Probate and Administration Stay of Execution Limitation Period Security for Stay Probate Dispute Appeal Procedure

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Parties

Mtakuja Kondo

Applicant

Mwangaza Kondo

Applicant

Mustafa Kondo

Applicant

Lwinde Kondo

Applicant

Wendo Maliki

Respondent

Procedural Posture

Civil Application / Application for Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether the applicants satisfied the conditions for grant of stay of execution under Rule 11(2) of the Court of Appeal Rules, 2009

Ratio Decidendi

The application was dismissed because it was filed out of time, lacked grounds in the notice of motion, failed to furnish security, and the subject property had already been sold, rendering the application moot.

Court Disposition

Application dismissed with costs

Orders

  • Application for stay of execution is dismissed with costs