enock kalabwami vs ayoub ramadhani 7 others 2018 tzca 601 5 october 2018
Non-compliance with Rules 11(2)(b) and 18 of the Tanzania Court of Appeal Rules, 2009, specifically the failure to append an endorsed notice of appeal, is fatal and renders the application incompetent.
- Citation
- enock kalabwami vs ayoub ramadhani 7 others 2018 tzca 601 5 october 2018
- Parties
- Applicant: Enock Kalibwami; Respondent: Ayoub Ramadhani; Respondent: Jacob Eli Kana Muro; Respondent: Yusufu Muhando
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 5 October 2018
- Procedural Posture
- Civil Application / Application for Stay of Execution Before Court of Appeal
- Outcome
- Application struck out as incompetent.
- Legal Topics
- Stay of Execution, Notice of Appeal, Procedural Compliance
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Enock Kalibwami
Applicant
Ayoub Ramadhani
Respondent
Jacob Eli Kana Muro
Respondent
Yusufu Muhando
Respondent
Procedural Posture
Civil Application / Application for Stay of Execution Before Court of Appeal
Legal Issues
- 1 Whether the application for stay of execution is competent in the absence of an endorsed notice of appeal as required by the Court of Appeal Rules
Ratio Decidendi
Non-compliance with Rules 11(2)(b) and 18 of the Tanzania Court of Appeal Rules, 2009, specifically the failure to append an endorsed notice of appeal, is fatal and renders the application incompetent.
Court Disposition
Application struck out as incompetent.
Orders
- Application struck out for non-compliance with mandatory procedural requirements.
- Each party to bear its own costs.
Full Case Text
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