aron daud makanyanga vs benedict makanyanga 2007 tzhc 130 31 august 2007

aron daud makanyanga vs benedict makanyanga 2007 tzhc 130 31 august 2007

The District Court was wrongly moved under an incorrect provision for stay of execution, no sufficient reasons were advanced for delay or extension, and failure to cite enabling provision rendered the application incompetent.

Citation
aron daud makanyanga vs benedict makanyanga 2007 tzhc 130 31 august 2007
Parties
Appellant: Aron Daud Makanyanga; Respondent: Benedict Makanyanga
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
31 August 2007
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal allowed with costs
Legal Topics
Stay of Execution, Extension of Time, Appeals
Source Language
English
Civil Procedure Stay of Execution Extension of Time Appeals

Case Brief

Summary, issues, holding and outcome

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Parties

Aron Daud Makanyanga

Appellant

Benedict Makanyanga

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the District Court was properly moved to grant stay of execution under Order XXXIX Rule 5 of the CPC
  2. 2 Whether sufficient reasons were advanced for the delay and for granting extension of time to file appeal
  3. 3 Whether failure to cite enabling provision renders the application incompetent

Ratio Decidendi

The District Court was wrongly moved under an incorrect provision for stay of execution, no sufficient reasons were advanced for delay or extension, and failure to cite enabling provision rendered the application incompetent.

Court Disposition

appeal allowed with costs

Orders

  • Appeal allowed
  • Respondent's application for stay and extension of time set aside