20140619 TZCA Arusha

20140619 TZCA Arusha

The application was filed more than twenty months after the notice of appeal, exceeding the sixty-day period prescribed by Court decisions; therefore, it is not competently before the Court.

Citation
20140619 TZCA Arusha
Parties
Applicant: Ahmed Maulana; Respondent: Fitina Iddi; Respondent: Susan Stanley Kivuyo; Respondent: Joseph Laizer t/a Emanyata Court Brokers and Auctioneers
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
19 June 2014
Procedural Posture
Civil Application / Application for Stay of Execution
Outcome
Application struck out
Legal Topics
Stay of Execution, Limitation Period, Sale Agreement, Appeal Process
Source Language
English
Civil Procedure Land Law Stay of Execution Limitation Period Sale Agreement Appeal Process

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Parties

Ahmed Maulana

Applicant

Fitina Iddi

Respondent

Susan Stanley Kivuyo

Respondent

Joseph Laizer t/a Emanyata Court Brokers and Auctioneers

Respondent

Procedural Posture

Civil Application / Application for Stay of Execution

Legal Issues

  1. 1 Whether the application for stay of execution was filed within the prescribed period
  2. 2 Whether the Court should grant a stay of execution despite delay

Ratio Decidendi

The application was filed more than twenty months after the notice of appeal, exceeding the sixty-day period prescribed by Court decisions; therefore, it is not competently before the Court.

Court Disposition

Application struck out

Orders

  • Application struck out
  • No order as to costs