20040408 TZCA Dar es Salaam
The application for stay of execution is incompetent because there is no evidence that a notice of appeal has been lodged as required by rule 9(2)(b) of the Court Rules, 1979.
- Citation
- 20040408 TZCA Dar es Salaam
- Parties
- Applicant: CRDB Bank Limited; Respondent: George M. Kilindu
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 8 April 2004
- Procedural Posture
- Civil Application / Ruling on Preliminary Objection Regarding Application for Stay of Execution
- Outcome
- Application struck out with costs.
- Legal Topics
- Stay of Execution, Notice of Appeal, Garnishee Orders, Preliminary Objection
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
CRDB Bank Limited
Applicant
George M. Kilindu
Respondent
Procedural Posture
Civil Application / Ruling on Preliminary Objection Regarding Application for Stay of Execution
Legal Issues
- 1 Whether the application for stay of execution is competent in the absence of a notice of appeal
- 2 Whether rule 9(2)(b) of the Court Rules, 1979 applies to the present application
Ratio Decidendi
The application for stay of execution is incompetent because there is no evidence that a notice of appeal has been lodged as required by rule 9(2)(b) of the Court Rules, 1979.
Court Disposition
Application struck out with costs.
Orders
- Application struck out with costs.
Full Case Text
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