20201109 TZCA Dar es Salaam

20201109 TZCA Dar es Salaam

A decree dismissing a suit is not executable and therefore cannot be stayed; the Court lacks jurisdiction to grant a stay of execution in such circumstances.

Citation
20201109 TZCA Dar es Salaam
Parties
Applicant: Catherine Honorati; 1st Respondent: CRDB Bank PLC; 2nd Respondent: Method Kaunga Moris; 3rd Respondent: Honorati Biashara John Lyombe
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
9 November 2020
Procedural Posture
Civil Application / Ruling on Preliminary Objection to Application for Stay of Execution Pending Appeal
Outcome
Application struck out
Legal Topics
Stay of Execution, Executability of Decrees, Matrimonial Property, Appeals
Source Language
English
Civil Procedure Land Law Stay of Execution Executability of Decrees Matrimonial Property Appeals

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Parties

Catherine Honorati

Applicant

CRDB Bank PLC

1st Respondent

Method Kaunga Moris

2nd Respondent

Honorati Biashara John Lyombe

3rd Respondent

Procedural Posture

Civil Application / Ruling on Preliminary Objection to Application for Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether a decree dismissing a suit is capable of being executed and thus subject to stay
  2. 2 Whether the Court has jurisdiction to grant a stay of execution where the decree is not executable

Ratio Decidendi

A decree dismissing a suit is not executable and therefore cannot be stayed; the Court lacks jurisdiction to grant a stay of execution in such circumstances.

Court Disposition

Application struck out

Orders

  • Preliminary objection sustained
  • Application for stay of execution struck out