catherine honorati vs crdb bank plc 2020 tzca 1851 16 november 2020

catherine honorati vs crdb bank plc 2020 tzca 1851 16 november 2020

Only executable decrees or orders can be stayed; a dismissal of a suit does not create an executable decree, thus the application for stay is misconceived and not maintainable.

Citation
catherine honorati vs crdb bank plc 2020 tzca 1851 16 november 2020
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
16 November 2020
Procedural Posture
Civil Application / Ruling on Preliminary Objection to Application for Stay of Execution
Outcome
Application struck out; preliminary objection sustained.
Legal Topics
Stay of Execution, Executable Decree, Matrimonial Property, Appeal Process
Source Language
English
Civil Procedure Land Law Stay of Execution Executable Decree Matrimonial Property Appeal Process

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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

Legal Issues

  1. 1 Whether a decree dismissing a suit is capable of being executed and thus can be stayed
  2. 2 Whether the Court has mandate to issue a stay order in respect of a non-executable decree

Ratio Decidendi

Only executable decrees or orders can be stayed; a dismissal of a suit does not create an executable decree, thus the application for stay is misconceived and not maintainable.

Court Disposition

Application struck out; preliminary objection sustained.

Orders

  • Application for stay of execution struck out.
  • Costs to be in the cause.