20030725 TZCA Mwanza 1
IN TB""E COURT OF APPEAL OF TANZANIA AT MWANZA TBR CIVIL APPLICATION NO~ 3 OF 1999 SHAKILA MALICK 0 D ~ ~ ~ 0 0 0 0 0 ~ 0 0 0 0 0 ~ 0 0 APPLICANT AND SAID ALMASI 0 " C O O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 RESPONDENT (Application for Stay of Execution from the Decision of the High Court of Tanzania at...
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- Citation
- 20030725 TZCA Mwanza 1
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 25 July 2003
- Source Language
- en
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IN TB""E COURT OF APPEAL OF TANZANIA AT MWANZA TBR CIVIL APPLICATION NO~ 3 OF 1999 SHAKILA MALICK 0 D ~ ~ ~ 0 0 0 0 0 ~ 0 0 0 0 0 ~ 0 0 APPLICANT AND SAID ALMASI 0 " C O O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 RESPONDENT (Application for Stay of Execution from the Decision of the High Court of Tanzania at Tabora) (~l~S?-TICh~ ~ Jo_) dated the 31st day of May:., 1999 ln .Q..iv=h_l AEE.._~~lJ.19~-1999 RULING Mr., Boaz, learned advocate for the applicant., brought the present application under Rule 9 (2) (b) of the Court of Appeal Rules, 1979, seeking stay of execution in Civil Appeal No., 6 of 1999 in the High Court of ··Tanzania at Taborao The respondent was served by publication in the 11.1:S.~~HE newspapers of the 12th and 23rd June., 7 ( 2003 but he entered no appearance so the application proceeded ex parte., At the bearing., counsel for the applic?.,nt stated that the vehicle 9 UJ 2432 whose attachment and sale the application intended to prevent., was in fact attached and sold to a purchaser whO now possesses itc That is to say, execution in Civil Appeal Noo 6 of 1999 in the High Court of Tanzania-at Tabt>ra has already been conducted,, In those circumstances, the application for stay of execution has been overtaken by events .. 0 0 .,/2 ./ :,0 2 Accordingly the application for stay of execution is rejectedo There shall be no order for costs because the respondent entered no appearanceo Since the applicant claims that she lawfully possesses the motor vehicle in dispute, she can if she so wishes, sue the seller and purchaser for repossession because no appeal lies to objection proceedings under Order 21 Rule 57 of the 1966 Civil Procedure Acto AT MWANZA this 25th July, 2003.o Eo No MUNUO JUSTICE OF APPEAL r'· [. ·.· · \. -+----+·· . . . I . ,.). ----~_).. .,. - , ----· \-··,.-· ( FoL&Ke WAMBALI) DEPUTY REGISTRAR