19971006 TZHC Dar es Salaam

19971006 TZHC Dar es Salaam

The application is not properly before the High Court as it was filed under the wrong provision of law (Order 39 Rule 5(2) instead of Rule 5(1)), but it is not time-barred as it was filed within the prescribed limitation period.

Citation
19971006 TZHC Dar es Salaam
Parties
Appellant/applicant: Severin Mtalo; 1st Respondent: Alsennius J. Mpembwa; 2nd Respondent: Hariz Auction Mart
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
6 October 1997
Procedural Posture
Civil Appeal / Preliminary Objection on Chamber Application for Stay of Execution
Outcome
Application struck out as not properly before the court; preliminary objection partly upheld.
Legal Topics
Stay of Execution, Limitation of Actions, Jurisdiction, Appeals
Source Language
English
Civil Procedure Stay of Execution Limitation of Actions Jurisdiction Appeals

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

Severin Mtalo

Appellant/applicant

Alsennius J. Mpembwa

1st Respondent

Hariz Auction Mart

2nd Respondent

Procedural Posture

Civil Appeal / Preliminary Objection on Chamber Application for Stay of Execution

Legal Issues

  1. 1 Whether the chamber application for stay of execution is properly before the High Court
  2. 2 Whether the application is time-barred

Ratio Decidendi

The application is not properly before the High Court as it was filed under the wrong provision of law (Order 39 Rule 5(2) instead of Rule 5(1)), but it is not time-barred as it was filed within the prescribed limitation period.

Court Disposition

Application struck out as not properly before the court; preliminary objection partly upheld.

Orders

  • Application for stay of execution struck out
  • Hearing date for appeal set for 3/11/97 at 1.00 pm