19991014 TZHC Moshi
The High Court lacks jurisdiction to entertain the application as appeal proceedings are pending before the Court of Appeal, and any application for stay of execution must be made to the appellate court.
Source-derived case information.
- Citation
- 19991014 TZHC Moshi
- Parties
- Applicant: Buko; Applicant: Msumii Main & Wood Works; Respondent: NBC Holding Corporation (Successor of Defunct NBL)
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 14 October 1999
- Procedural Posture
- Miscellaneous Civil Application / Ruling on Preliminary Objection
- Outcome
- Preliminary objection upheld; application dismissed for want of jurisdiction.
- Legal Topics
- Jurisdiction, Stay of Execution, Appeals
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Buko
Applicant
Msumii Main & Wood Works
Applicant
NBC Holding Corporation (Successor of Defunct NBL)
Respondent
Procedural Posture
Miscellaneous Civil Application / Ruling on Preliminary Objection
Legal Issues
- 1 Whether the High Court has jurisdiction to entertain the application when appeal proceedings are pending before the Court of Appeal
Ratio Decidendi
The High Court lacks jurisdiction to entertain the application as appeal proceedings are pending before the Court of Appeal, and any application for stay of execution must be made to the appellate court.
Court Disposition
Preliminary objection upheld; application dismissed for want of jurisdiction.
Full Case Text
Judgment text and source record
1 paragraphs
DI TSE, HIGH COURT OF TANZANIA A!I' MOSHI MISC O'IVIL APP.LIC/lTION NO 66 OF 1999 (C/F az.ig.inating From l:1i5c App. No. 4~V98, 1/99) ~ -<; 3/93 .{1)... ~ ~ B U K O )__ (2). MSUM! MA.m &, WOOD WORKS) APPELLANT VERSUS ( 1) • NBC HOLDING CORPORA'I'.ION ) (SUCCESSOR OF DESUNCT NBL) RESPONDENT I - • i$iL.S------~ ---- R U L I N G' BEFORE: HON: E.: N. MUNU01- J a ... - •• ....- The applicants through ~heir learned advocate, Mr. Lyasenga brought the apjllcation seeking ~ fer =•eeble property wrongly removed ,trom the premises of the applieants during execution o·f"tmril case No. 3/93, rehabilitation of the vandalized premises of the a~pli~ants, and the return of all.the machinery accessories and goods plus costs of the application. M:;-c A. Maruma learned a=~te for NBC Holding Corporation, the first respondent, pt'fa inary . . . rightly raised a .L ~:- · 5#l) ~jection on the jurisdict~on of the court in this matter. The first respondent has appealed to the Court of Appeal on the nullification on the attchment and s~e of the premises in dispute. He eorreetly cited the ease of Helicopter (T) Ltd. Versus F.N. Jansen 1990 TlR 14 w~ein Kisanga J A. held;- 0 11 (ii). Once proceedings of appeal to the Court of Appeal of Tanzania have been commenced the High Sourt could not properly apply section 95 of the Civil Procedure Code for the simple reason that the proceendings are no longer in the Court as required by section 2 of the Code. (iii). Cn•e appeal proceedings have been commenced by filing notice of Appeal of the Court of Appeal c;f Tanzania, the law makes specific provision, relating to the stay of exe~ution by the court, un~ rule (2) (b) of the Court of Appeal Rules" ~4i Marurnit·-{~ther cited Mulla on Coda ef Civil PI-ooudure, 11th Edition at page 1188 wherein it is stated. ••. '?/ •• - i .. ,,i Once on· appeal ie preferred from a decree, it is the appellant tourt alone that is .. :seized· of the matter• Md .an app]j,cat;i.on . . for a stay of ex,ecution should be made to that court~1, . . . In view of the above. authorities this. <:ourt lacks jurisdic·~ion to e.ntertain the appli~ation. The pre1iminary objection is upheld, E.N~ MUNUO JUDGE 14/10/.1999 At Moshi this 14/10/1999. - Appellants: present. Respondent: 1st Mr. Maruma For. . ' . ; \ : .·' ,/··, -/'........ :-_ I ;