20080626 TZCA Tanga

20080626 TZCA Tanga

The ruling of the District Registrar merely affirmed the identity of the judgment debtor for execution purposes and did not conclusively determine the rights of the parties or result in a decree. Therefore, it is not appealable to the Court of Appeal and the application is not tenable in law.

Citation
20080626 TZCA Tanga
Parties
Applicant: Ali Salimu; Respondent: Gereza Abeid
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
26 June 2008
Procedural Posture
Civil Application / Ruling on Preliminary Objection Regarding Appealability
Outcome
Application dismissed with costs
Legal Topics
Appealability of Orders, Stay of Execution, Jurisdiction of Appellate Court
Source Language
English
Civil Procedure Appealability of Orders Stay of Execution Jurisdiction of Appellate Court

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 1 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

Ali Salimu

Applicant

Gereza Abeid

Respondent

Procedural Posture

Civil Application / Ruling on Preliminary Objection Regarding Appealability

Legal Issues

  1. 1 Whether the ruling of the District Registrar is appealable to the Court of Appeal
  2. 2 Whether the application for stay of execution is tenable in law

Ratio Decidendi

The ruling of the District Registrar merely affirmed the identity of the judgment debtor for execution purposes and did not conclusively determine the rights of the parties or result in a decree. Therefore, it is not appealable to the Court of Appeal and the application is not tenable in law.

Court Disposition

Application dismissed with costs

Orders

  • Application dismissed with costs