alex msama mwita vs emmanuel nasuzwa kitundu another 2022 tzhclandd 12775 7 december 2022

alex msama mwita vs emmanuel nasuzwa kitundu another 2022 tzhclandd 12775 7 december 2022

There is no pending application pleaded in the affidavit to warrant a stay of execution, and the statutory requirements for stay under Order XXXIX Rule 5(3) of the Civil Procedure Code have not been met. Submissions and annexures not forming part of the affidavit are not evidence and cannot be relied upon.

Citation
alex msama mwita vs emmanuel nasuzwa kitundu another 2022 tzhclandd 12775 7 december 2022
Parties
Applicant: Alex Msama Mwita; 1st Respondent: Emmanuel Nasuzwa Kitundu; 2nd Respondent: WWF Tanzania Program Office
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
7 December 2022
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Stay of Execution
Outcome
Application struck out with costs
Legal Topics
Stay of Execution, Pleadings, Affidavit Evidence, Eviction, Consent Decree
Source Language
English
Civil Procedure Land Law Stay of Execution Pleadings Affidavit Evidence Eviction Consent Decree

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Parties

Alex Msama Mwita

Applicant

Emmanuel Nasuzwa Kitundu

1st Respondent

WWF Tanzania Program Office

2nd Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application for Stay of Execution

Legal Issues

  1. 1 Whether the applicant is entitled to a stay of execution of the eviction order pending determination of an application before the Court of Appeal
  2. 2 Whether the application meets the statutory requirements for stay of execution under Order XXXIX Rule 5(3) of the Civil Procedure Code

Ratio Decidendi

There is no pending application pleaded in the affidavit to warrant a stay of execution, and the statutory requirements for stay under Order XXXIX Rule 5(3) of the Civil Procedure Code have not been met. Submissions and annexures not forming part of the affidavit are not evidence and cannot be relied upon.

Court Disposition

Application struck out with costs

Orders

  • The application for stay of execution is struck out with costs.