CIVIL APPLICATION NO 867 01 OF 2023 BENEZETH RWEYEMAMU VS CYPRIAN ALEXANDER MLAY 2 OTHERS

The application is incompetent for failure to attach the High Court's judgment and decree as required by Rule 11(7) of the Tanzania Court of Appeal Rules, 2009. The omission is fatal and cannot be cured by the oxygen principle.

Citation: CIVIL APPLICATION NO 867 01 OF 2023 BENEZETH RWEYEMAMU VS CYPRIAN ALEXANDER MLAY 2 OTHERS
Parties: Applicant: Benezeth Rweyemamu; 1st Respondent: Cyprian Alexander Mlay; 2nd Respondent: Salvatory Soka; 3rd Respondent: M. M. Auctioneers
Court: TANZLII
Jurisdiction: Tanzania
Judgment Date: 1 January 2023
Procedural Posture: Civil Application / Ruling on Preliminary Objection
Outcome: application struck out
Legal Topics: Stay of Execution, Procedural Compliance, Application Competence
Source Language: English

Civil Procedure Stay of Execution Procedural Compliance Application Competence

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

Parties

Benezeth Rweyemamu

Applicant

Cyprian Alexander Mlay

1st Respondent

Salvatory Soka

2nd Respondent

M. M. Auctioneers

3rd Respondent

Procedural Posture

Civil Application / Ruling on Preliminary Objection

Legal Issues

1 Whether the application for stay of execution is competent in absence of the High Court's judgment and decree as required by Rule 11(7) of the Tanzania Court of Appeal Rules, 2009.

Ratio Decidendi

Court Disposition

application struck out

Orders

Application struck out for incompetence due to failure to attach the High Court's judgment and decree.
No order as to costs.