Misc

Misc

The High Court lacks jurisdiction to grant a stay of execution pending determination of an application for extension of time to file a notice of appeal, as there is no pending appeal or notice of appeal. The application is therefore incompetent and must be struck out.

Citation
Misc
Parties
Applicant: CRDB Bank PLC; 1st Respondent: Heri Microfinance Ltd; 2nd Respondent: Cassiano Lucas Kaegele; 3rd Respondent: Kimbembe Auction Mart Ltd; 4th Respondent: Mselem N. Suleiman; 5th Respondent: Safari General Business Co. Ltd
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2024
Procedural Posture
Miscellaneous Land Application / Ruling on Preliminary Objection to Application for Stay of Execution
Outcome
Application struck out with costs
Legal Topics
Stay of Execution, Jurisdiction, Extension of Time, Appeals
Source Language
English
Civil Procedure Land Law Stay of Execution Jurisdiction Extension of Time Appeals

Case Brief

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Parties

CRDB Bank PLC

Applicant

Heri Microfinance Ltd

1st Respondent

Cassiano Lucas Kaegele

2nd Respondent

Kimbembe Auction Mart Ltd

3rd Respondent

Mselem N. Suleiman

4th Respondent

Safari General Business Co. Ltd

5th Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Preliminary Objection to Application for Stay of Execution

Legal Issues

  1. 1 Whether the High Court has jurisdiction to grant stay of execution pending determination of an application for extension of time to file notice of appeal
  2. 2 Whether the application for stay of execution is competent in absence of a pending appeal or notice of appeal

Ratio Decidendi

The High Court lacks jurisdiction to grant a stay of execution pending determination of an application for extension of time to file a notice of appeal, as there is no pending appeal or notice of appeal. The application is therefore incompetent and must be struck out.

Court Disposition

Application struck out with costs

Orders

  • The application is struck out with costs.