CIVIL APPL

CIVIL APPL

The applicant failed to disclose the date she became aware of the recommenced execution proceedings after the High Court decision, making it impossible to determine if the application was filed within the prescribed time; the application is incompetent.

Citation
CIVIL APPL
Parties
Applicant: COCODACOR General Company Ltd; 1st Respondent: UNYIHA Associates Co. Ltd; 2nd Respondent: Charles Mpamba Chenza; 3rd Respondent: KBM Auction Mart Limited
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2022
Procedural Posture
Civil Application / Ruling on Application for Stay of Execution
Outcome
Application struck out for incompetency
Legal Topics
Stay of Execution, Time Limitation, Res Judicata
Source Language
English
Civil Procedure Land Law Stay of Execution Time Limitation Res Judicata

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Parties

COCODACOR General Company Ltd

Applicant

UNYIHA Associates Co. Ltd

1st Respondent

Charles Mpamba Chenza

2nd Respondent

KBM Auction Mart Limited

3rd Respondent

Procedural Posture

Civil Application / Ruling on Application for Stay of Execution

Legal Issues

  1. 1 Whether the application for stay of execution was timely lodged
  2. 2 Whether the application is res judicata

Ratio Decidendi

The applicant failed to disclose the date she became aware of the recommenced execution proceedings after the High Court decision, making it impossible to determine if the application was filed within the prescribed time; the application is incompetent.

Court Disposition

Application struck out for incompetency

Orders

  • No order for costs