20091027 TZCA Tabora

20091027 TZCA Tabora

The application was filed after the lapse of sixty days from the date of judgment without leave of the court, rendering it time barred and liable for dismissal.

Citation
20091027 TZCA Tabora
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 Periods, Preliminary Objection
Source Language
English
Civil Procedure Stay of Execution Limitation Periods 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. 1 Whether the application for stay of execution was filed within the prescribed time limit
  2. 2 Whether the application was competent for failure to cite the proper rule
  3. 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 of the court, rendering it time barred and liable for dismissal.

Court Disposition

Application dismissed with costs

Orders

  • The preliminary objection that the application is time barred is upheld.
  • The application is dismissed with costs.