19920327 TZHC Dar es Salaam

19920327 TZHC Dar es Salaam

Application for stay of execution is not time-barred and can be made at any time before execution is carried out; applicant is entitled to stay to prevent prejudice pending application to set aside ex parte decree.

Citation
19920327 TZHC Dar es Salaam
Parties
Applicant: Applicant (Judgment Debtor); Respondent: Respondent (Judgment Creditor)
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
27 March 1992
Procedural Posture
Civil Application / Application for Stay of Execution Pending Application to Set Aside Ex Parte Decree
Outcome
application for stay of execution granted
Legal Topics
Stay of Execution, Setting Aside Ex Parte Decree, Limitation of Actions
Source Language
English
Civil Procedure Stay of Execution Setting Aside Ex Parte Decree Limitation of Actions

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 2 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

Applicant (Judgment Debtor)

Applicant

Respondent (Judgment Creditor)

Respondent

Procedural Posture

Civil Application / Application for Stay of Execution Pending Application to Set Aside Ex Parte Decree

Legal Issues

  1. 1 Whether an application for stay of execution is time-barred under the Law of Limitation Act
  2. 2 Whether the applicant will suffer injustice if execution proceeds before the application to set aside ex parte decree is heard

Ratio Decidendi

Application for stay of execution is not time-barred and can be made at any time before execution is carried out; applicant is entitled to stay to prevent prejudice pending application to set aside ex parte decree.

Court Disposition

application for stay of execution granted

Orders

  • stay of execution granted to await application for setting aside ex parte decree