20061205 TZCA Dar es Salaam

20061205 TZCA Dar es Salaam

The application is incompetent because it was made without a notice of appeal, which is required to clothe the court with jurisdiction to grant a stay of execution. The wrong procedural rule was invoked, and the absence of a notice of appeal is fatal to the application.

Citation
20061205 TZCA Dar es Salaam
Parties
Applicant: CRDB Bank Limited; Respondent: George M. Kilindu & Another
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
5 December 2006
Procedural Posture
Civil Application / Ruling on Application for Stay of Execution
Outcome
Application struck out with costs
Legal Topics
Stay of Execution, Notice of Appeal, Garnishee Orders, Jurisdiction
Source Language
English
Civil Procedure Stay of Execution Notice of Appeal Garnishee Orders Jurisdiction

Case Brief

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Parties

CRDB Bank Limited

Applicant

George M. Kilindu & Another

Respondent

Procedural Posture

Civil Application / Ruling on Application for Stay of Execution

Legal Issues

  1. 1 Whether the application for stay of execution is competent without a notice of appeal
  2. 2 Whether the correct procedural rule was invoked for the application

Ratio Decidendi

The application is incompetent because it was made without a notice of appeal, which is required to clothe the court with jurisdiction to grant a stay of execution. The wrong procedural rule was invoked, and the absence of a notice of appeal is fatal to the application.

Court Disposition

Application struck out with costs

Orders

  • The application is struck out as incompetent.
  • Applicant to pay costs.