david mahende vs salum nassor mattar another 2018 tzca 459 6 june 2018

The application, as presented and served on respondents, is a fully fledged application for stay of execution and not an ex parte application; therefore, a single judge lacks jurisdiction to determine it.

Citation: david mahende vs salum nassor mattar another 2018 tzca 459 6 june 2018
Parties: Applicant: David Mahende; 1st Respondent: Salum Nassor Mattar; 2nd Respondent: Fosters Auctioneers and General Traders
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 6 June 2018
Procedural Posture: Civil Application / Application for Stay of Execution Pending Appeal
Outcome: Application adjourned for determination by a panel of three judges.
Legal Topics: Stay of Execution, Ex Parte Applications, Appeals
Source Language: English

Civil Procedure Land Law Stay of Execution Ex Parte Applications Appeals

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Parties

David Mahende

Applicant

Salum Nassor Mattar

1st Respondent

Fosters Auctioneers and General Traders

2nd Respondent

Procedural Posture

Civil Application / Application for Stay of Execution Pending Appeal

Legal Issues

1 Whether the application qualifies as an ex parte application under Rule 11(6) of the Court of Appeal Rules, 2009
2 Whether a single judge has jurisdiction to determine the application for stay of execution

Ratio Decidendi

Court Disposition

Application adjourned for determination by a panel of three judges.

Orders

Application adjourned to be heard by a panel of three judges on a date to be fixed by the Registrar.