20091027 TZCA Tabora 1

The application was filed after the lapse of sixty days from the date of judgment without leave to file out of time, rendering it time barred and incompetent.

Citation: 20091027 TZCA Tabora 1
Parties: Applicant: Andrea Msabila; Respondent: Joseph Masanja
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 27 October 2009
Procedural Posture: Civil Application / Ruling on Preliminary Objection Regarding Stay of Execution
Outcome: Application dismissed with costs
Legal Topics: Stay of Execution, Limitation Period, Preliminary Objection
Source Language: English

Civil Procedure Stay of Execution Limitation Period Preliminary Objection

Case Brief

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Parties

Andrea Msabila

Applicant

Joseph Masanja

Respondent

Procedural Posture

Civil Application / Ruling on Preliminary Objection Regarding Stay of Execution

Legal Issues

1 Whether the application for stay of execution was filed within the prescribed time limit
2 Whether the application was competent for failing to cite the proper provision of law
3 Whether the application was misconceived as the decree had already been executed

Ratio Decidendi

The application was filed after the lapse of sixty days from the date of judgment without leave to file out of time, rendering it time barred and incompetent.

Court Disposition

Application dismissed with costs

Orders

Application dismissed as time barred
Costs awarded to respondent