20180803 TZCA Dar es Salaam

20180803 TZCA Dar es Salaam

Reliance on Ahmed Mbaraka v Mwananchi Engineering Co. Ltd was reasonable until clarified as orbiter dictum in Tanzania Bureau of Standards v Anita Kivera Maro; applicant acted promptly after clarification, constituting good cause for delay under Rule 10.

Citation
20180803 TZCA Dar es Salaam
Parties
Applicant: CRDB Bank PLC; Respondent: Finn W. Petersen; Respondent: Mlimani Farmers Limited; Respondent: Noor's Farm Limited; Respondent: Elizabeth Kalunga & Deborah Kalunga Legal Person Representative of the late Leopard Kalunga
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
3 August 2018
Procedural Posture
Civil Application / Ruling on Application for Extension of Time to File Application for Stay of Execution
Outcome
Application granted
Legal Topics
Extension of Time, Stay of Execution, Appeal Process, Procedural Irregularities
Source Language
English
Civil Procedure Land Law Extension of Time Stay of Execution Appeal Process Procedural Irregularities

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Parties

CRDB Bank PLC

Applicant

Finn W. Petersen

Respondent

Mlimani Farmers Limited

Respondent

Noor's Farm Limited

Respondent

Elizabeth Kalunga & Deborah Kalunga Legal Person Representative of the late Leopard Kalunga

Respondent

Procedural Posture

Civil Application / Ruling on Application for Extension of Time to File Application for Stay of Execution

Legal Issues

  1. 1 Whether the applicant has shown good cause for extension of time to file an application for stay of execution
  2. 2 Interpretation of prior Court of Appeal decisions regarding stay of execution when appeal process is initiated

Ratio Decidendi

Reliance on Ahmed Mbaraka v Mwananchi Engineering Co. Ltd was reasonable until clarified as orbiter dictum in Tanzania Bureau of Standards v Anita Kivera Maro; applicant acted promptly after clarification, constituting good cause for delay under Rule 10.

Court Disposition

Application granted

Orders

  • Extension of time to file application for stay of execution granted
  • No order for costs