20180530 TZCA Dar es Salaam

The application was not distinctly constituted as an ex-parte application and was served on the respondents; therefore, it is a fully fledged application for stay of execution which a single judge has no mandate to determine.

Citation: 20180530 TZCA Dar es Salaam
Parties: Applicant: David Mahende; 1st Respondent: Salum Nassor Mattar; 2nd Respondent: Fosters Auctioneers and General Traders
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 30 May 2018
Procedural Posture: Civil Application / Application for Stay of Execution Before Single Judge
Outcome: Application adjourned for determination by a panel of three judges.
Legal Topics: Stay of Execution, Ex Parte Application, Jurisdiction of Single Judge
Source Language: English

Civil Procedure Land Law Stay of Execution Ex Parte Application Jurisdiction of Single Judge

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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 Before Single Judge

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

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.