alphonse kihwele versus irene lazaro mollelas admistratrix of the estate of the late prucheria meitoris mollel suing as attorney lazaro lokaji mollei 2023 tzhclandd 17

/ IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA (LAND DIVISION) AT DAR ES SALAAM MISC. LAND CASE APPLICATION N0.672 OF 2023 (Arising from Execution Cause No.84 of 2022) ALPHONSE KIHWELE APPLICANT VERSUS IRENE LAZARO MOLLEL(as Admistratrix of the Estate of the late Prucheria Meitoris Mollel, suing as Attorney Lazaro Lokaji Mollei) RESPONDENT RULING Date ofLast Order: 24. 10.2023 Date ofJudgment: 30.10.2023 MWENEGOHA,J The applicant sought for the following orders given under Order XXI Rule 27 of the Civil Procedure Code, Cap 33 R.E 2019, that; - 1. This Court be pleased to stay the execution of the Decree in Execution No.84 of 2022 which emanated from Land case No. 132 of 2013, pending the hearing and determination of Appiication No. 643 of 2023. 2. Costs of the case. 3. Any other reiief as the court may deem fit to grant. The Application was supported by the affidavit of the appiicant himseif, Alphonse Kihweie and the same was uncontested by the respondent, who prayed for no order as to costs. Although the respondent chose not to \ contest this Apptication, still this Court ordered the applicant to argue his case, to satisfy itself if he has sufficient grounds warranting a stay of execution. He did that, and filed his written submissions through Advocate Boniface Erasto Meli. After going through the submissions in question, the Court was satisfied that he has sufficient grounds for staying the execution as applied. To save this Court's precious time, I will not reproduce his submissions, as the respondents are not opposing the application. Rather I will go direct to grant the prayers, as this Application was preferred pending a case, vide Misc. Land Case Application No. 643 of 2023, which is pending before this Court. For the foregoing reasons, I allow the Application with no order as to costs. The Execution No. 84 of 2022 proceedings are hereby stayed, pending the hearing and final determination of Misc. Land Application No. 643 of 2023. Ordered accordingly. T>Nf Mwenegoha. Judge 30/10/2023