gift mariki others vs republic 2015 tzca 534 28 october 2015

gift mariki others vs republic 2015 tzca 534 28 october 2015

The application was dismissed with costs because the applicant failed to appear and prosecute the application, as permitted by Rule 63(1) of the Tanzania Court of Appeal Rules, 2009.

Citation
gift mariki others vs republic 2015 tzca 534 28 october 2015
Parties
Applicant: Cuthbert Onesmo Muro; Respondent: National Microfinance Bank Ltd; Respondent: Uchumi Commercial Bank Ltd; Respondent: MEM Auctioneers & General Brokers Ltd; Respondent: Independent Agencies & Court Brokers Ltd; Respondent: Ruth Onesmo Muro & 4 Others
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
28 October 2015
Procedural Posture
Civil Application / Application for Stay of Execution
Outcome
application dismissed with costs
Legal Topics
Stay of Execution, Dismissal for Non Appearance
Source Language
English
Civil Procedure Stay of Execution Dismissal for Non Appearance

Case Brief

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Parties

Cuthbert Onesmo Muro

Applicant

National Microfinance Bank Ltd

Respondent

Uchumi Commercial Bank Ltd

Respondent

MEM Auctioneers & General Brokers Ltd

Respondent

Independent Agencies & Court Brokers Ltd

Respondent

Ruth Onesmo Muro & 4 Others

Respondent

Procedural Posture

Civil Application / Application for Stay of Execution

Legal Issues

  1. 1 Whether the application for stay of execution should be dismissed for non-appearance of the applicant

Ratio Decidendi

The application was dismissed with costs because the applicant failed to appear and prosecute the application, as permitted by Rule 63(1) of the Tanzania Court of Appeal Rules, 2009.

Court Disposition

application dismissed with costs

Orders

  • The application is dismissed in terms of Rule 63(1) of the Tanzania Court of Appeal Rules, 2009.
  • Costs awarded to the respondents.