said abdallah alawi vs zulekha suleman alawi and another 1999 tzca 31 9 march 1999

said abdallah alawi vs zulekha suleman alawi and another 1999 tzca 31 9 march 1999

Leave to appeal is not a prerequisite for an application for stay of execution pending appeal; only a valid notice of appeal is required under rule 9(2)(b) of the Court of Appeal Rules. The matter should be heard on its merits by a single judge.

Source-derived case information.

Citation
said abdallah alawi vs zulekha suleman alawi and another 1999 tzca 31 9 march 1999
Parties
Applicant: Adik Abdallah Alawi; Respondent: Zulekha Suleman Alawi; Respondent: National Bank of Commerce
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
9 March 1999
Procedural Posture
Civil Reference / Reference From Single Judge's Ruling on Application for Stay of Execution Pending Appeal
Outcome
Reference allowed; preliminary objection overruled; matter remitted for hearing on merits by a single judge.
Legal Topics
Stay of Execution, Appeals, Leave to Appeal, Probate Proceedings
Source Language
english
Civil Procedure Probate and Administration Stay of Execution Appeals Leave to Appeal Probate Proceedings

Source-derived case record

Summary, issues, holding and outcome

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Parties

Adik Abdallah Alawi

Applicant

Zulekha Suleman Alawi

Respondent

National Bank of Commerce

Respondent

Procedural Posture

Civil Reference / Reference From Single Judge's Ruling on Application for Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether leave to appeal is a prerequisite for an application for stay of execution pending appeal in probate and administration matters
  2. 2 Whether probate and administration proceedings are considered a 'suit' under the Civil Procedure Code for purposes of appeal as of right

Ratio Decidendi

Leave to appeal is not a prerequisite for an application for stay of execution pending appeal; only a valid notice of appeal is required under rule 9(2)(b) of the Court of Appeal Rules. The matter should be heard on its merits by a single judge.

Court Disposition

Reference allowed; preliminary objection overruled; matter remitted for hearing on merits by a single judge.

Orders

  • Matter to be placed before a single judge for hearing of the application on the merits.
  • Costs of the reference to be in the cause.