aloyce kisenga mchili vs zebedayo mkodya 2022 tzhccomd 190 21 july 2022

aloyce kisenga mchili vs zebedayo mkodya 2022 tzhccomd 190 21 july 2022

Application for stay of execution was filed out of time and without a pending suit between the parties, depriving the court of jurisdiction under Order XXI Rule 27 and Order XXXIX Rule 5(2) of the Civil Procedure Code.

Citation
aloyce kisenga mchili vs zebedayo mkodya 2022 tzhccomd 190 21 july 2022
Parties
Applicant: Aloyce Kisenga Mchili; Respondent: Zebedayo Mkodya
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
21 July 2022
Procedural Posture
Miscellaneous Commercial Application / Ruling on Application for Stay of Execution
Outcome
application dismissed
Legal Topics
Stay of Execution, Jurisdiction, Extension of Time
Source Language
English
Civil Procedure Commercial Law Stay of Execution Jurisdiction Extension of Time

Case Brief

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Parties

Aloyce Kisenga Mchili

Applicant

Zebedayo Mkodya

Respondent

Procedural Posture

Miscellaneous Commercial Application / Ruling on Application for Stay of Execution

Legal Issues

  1. 1 whether the court has jurisdiction to grant stay of execution after lapse of appeal period
  2. 2 whether conditions for granting stay of execution under Order XXI Rule 27 of the Civil Procedure Code are met

Ratio Decidendi

Application for stay of execution was filed out of time and without a pending suit between the parties, depriving the court of jurisdiction under Order XXI Rule 27 and Order XXXIX Rule 5(2) of the Civil Procedure Code.

Court Disposition

application dismissed

Orders

  • application dismissed
  • no order as to costs