20121121 TZHC Dar es Salaam
The High Court lacks jurisdiction to entertain the application for stay of execution after Notices of Appeal have been lodged and not withdrawn; application dismissed.
- 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
- Civil Appeal / Application for Stay of Execution Pending Appeal
- Outcome
- application dismissed
- Legal Topics
- Stay of Execution, Jurisdiction, Leave to Appeal
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Donard Kusenha
Applicant
Issa A. Abdallah
1st Respondent
Ramadhani Hussein
2nd Respondent
Procedural Posture
Civil Appeal / Application for Stay of Execution Pending Appeal
Legal Issues
- 1 Whether the High Court has jurisdiction to entertain an application for stay of execution after a Notice of Appeal has been lodged
- 2 Whether the applicant has shown sufficient grounds for stay of execution
Ratio Decidendi
The High Court lacks jurisdiction to entertain the application for stay of execution after Notices of Appeal have been lodged and not withdrawn; application dismissed.
Court Disposition
application dismissed
Orders
- each party to bear its own costs
Full Case Text
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