20180530 TZCA Dar es Salaam

20180530 TZCA Dar es Salaam

The application was not distinctly constituted as an ex-parte application and was served on the respondents, thus it is a fully fledged application for stay of execution which cannot be determined by a single judge.

Citation
20180530 TZCA Dar es Salaam
Parties
Applicant: David Mahende; 1st Respondent: Salum Nassor Mattar; 2nd Respondent: Fosters Auctioneers and General Traders
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
30 May 2018
Procedural Posture
Civil Application / Application for Stay of Execution Pending Appeal
Outcome
Application adjourned for determination by a panel of three judges.
Legal Topics
Stay of Execution, Ex Parte Applications, Appeals
Source Language
English
Civil Procedure Land Law Stay of Execution Ex Parte Applications Appeals

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Parties

David Mahende

Applicant

Salum Nassor Mattar

1st Respondent

Fosters Auctioneers and General Traders

2nd Respondent

Procedural Posture

Civil Application / Application for Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether the application qualifies as an ex-parte application under Rule 11(6) of the Court of Appeal Rules, 2009
  2. 2 Whether a single judge has jurisdiction to hear and determine the application for stay of execution

Ratio Decidendi

The application was not distinctly constituted as an ex-parte application and was served on the respondents, thus it is a fully fledged application for stay of execution which cannot be determined by a single judge.

Court Disposition

Application adjourned for determination by a panel of three judges.

Orders

  • Application adjourned to be heard by a panel of three judges on a date to be fixed by the Registrar.