CIVIL APPLICATION NO 257 01 OF 2024 ERIC RICHARD SUMA 2 OTHERS VS DPI SIMBA LIMITED ANOTHER

CIVIL APPLICATION NO 257 01 OF 2024 ERIC RICHARD SUMA 2 OTHERS VS DPI SIMBA LIMITED ANOTHER

The applicants were aware of the execution proceedings since 30th June 2023, as established by their participation in related High Court proceedings. The application for stay of execution, filed on 18th April 2024, was therefore filed out of time, and the preliminary objection is upheld.

Citation
CIVIL APPLICATION NO 257 01 OF 2024 ERIC RICHARD SUMA 2 OTHERS VS DPI SIMBA LIMITED ANOTHER
Parties
1st Applicant: Eric Richard Suma; 2nd Applicant: Eric Richard Suma (As a Personal Legal Representative of late Richard Suma, the deceased); 3rd Applicant: The Excess Constructions Limited; 1st Respondent: DPI Simba Limited; 2nd Respondent: Ms Jesca Massawe T/A J J Auction Mart Limited
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2024
Procedural Posture
Civil Application / Ruling on Preliminary Objection Regarding Stay of Execution
Outcome
Application struck out with costs
Legal Topics
Stay of Execution, Limitation of Actions, Execution of Decrees
Source Language
English
Civil Procedure Stay of Execution Limitation of Actions Execution of Decrees

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Parties

Eric Richard Suma

1st Applicant

Eric Richard Suma (As a Personal Legal Representative of late Richard Suma, the deceased)

2nd Applicant

The Excess Constructions Limited

3rd Applicant

DPI Simba Limited

1st Respondent

Ms Jesca Massawe T/A J J Auction Mart Limited

2nd Respondent

Procedural Posture

Civil Application / Ruling on Preliminary Objection Regarding Stay of Execution

Legal Issues

  1. 1 Whether the application for stay of execution was filed within the prescribed time limit under Rule 11(4) of the Tanzania Court of Appeal Rules 2009
  2. 2 Whether the applicants were aware of the execution proceedings prior to the date claimed in their affidavit

Ratio Decidendi

The applicants were aware of the execution proceedings since 30th June 2023, as established by their participation in related High Court proceedings. The application for stay of execution, filed on 18th April 2024, was therefore filed out of time, and the preliminary objection is upheld.

Court Disposition

Application struck out with costs

Orders

  • Application for stay of execution is struck out as time barred
  • Applicants to pay costs