20121121 TZHC Dar es Salaam

20121121 TZHC Dar es Salaam

The High Court lacks jurisdiction to entertain an application for stay of execution once a Notice of Appeal has been filed in the Court of Appeal and not withdrawn. The application is therefore dismissed for want of jurisdiction.

Citation
20121121 TZHC Dar es Salaam
Parties
Applicant: Donard Kusenha; 1st Respondent: Issa A. Abdallah; 2nd Respondent: Ramadhani Hussein
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
21 November 2012
Procedural Posture
Application for Stay of Execution Pending Appeal / Ruling on Application for Stay of Execution
Outcome
Application dismissed for want of jurisdiction
Legal Topics
Stay of Execution, Jurisdiction, Leave to Appeal, Appeal Procedure
Source Language
English
Civil Procedure Appellate Practice Stay of Execution Jurisdiction Leave to Appeal Appeal Procedure

Case Brief

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Parties

Donard Kusenha

Applicant

Issa A. Abdallah

1st Respondent

Ramadhani Hussein

2nd Respondent

Procedural Posture

Application for Stay of Execution Pending Appeal / Ruling on Application for Stay of Execution

Legal Issues

  1. 1 Whether the High Court has jurisdiction to entertain an application for stay of execution after a Notice of Appeal has been filed in the Court of Appeal
  2. 2 Whether the applicant has shown sufficient grounds for stay of execution

Ratio Decidendi

The High Court lacks jurisdiction to entertain an application for stay of execution once a Notice of Appeal has been filed in the Court of Appeal and not withdrawn. The application is therefore dismissed for want of jurisdiction.

Court Disposition

Application dismissed for want of jurisdiction

Orders

  • Each party to bear its own costs