20131126 TZCA Mwanza 1
The absence of a valid copy of the decree sought to be stayed renders the application incompetent and liable to be struck out.
- Citation
- 20131126 TZCA Mwanza 1
- Parties
- Applicant: Adolf John Magesa; Respondent: Elizabeth Mohamed
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 26 November 2013
- Procedural Posture
- Civil Application / Application for Stay of Execution
- Outcome
- application struck out as incompetent
- Legal Topics
- Stay of Execution, Probate Appeal, Procedural Requirements
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Adolf John Magesa
Applicant
Elizabeth Mohamed
Respondent
Procedural Posture
Civil Application / Application for Stay of Execution
Legal Issues
- 1 Whether the application for stay of execution is competent without a valid copy of the decree sought to be stayed
Ratio Decidendi
The absence of a valid copy of the decree sought to be stayed renders the application incompetent and liable to be struck out.
Court Disposition
application struck out as incompetent
Orders
- No order as to costs
Full Case Text
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