enock kalibwami vs ayoub ramadhani others 2018 tzca 284 1 october 2018

enock kalibwami vs ayoub ramadhani others 2018 tzca 284 1 october 2018

Non-compliance with Rules 11(2)(b) and 18 of the Tanzania Court of Appeal Rules, 2009, by failing to append a valid, endorsed notice of appeal, is fatal and renders the application for stay of execution incompetent.

Citation
enock kalibwami vs ayoub ramadhani others 2018 tzca 284 1 october 2018
Parties
Applicant: Enock Kalibwami; Respondent: Ayoub Ramadhani; Respondent: Jacob Elikana Muro; Respondent: Yusufu Muhando
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
1 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
Civil Procedure Stay of Execution Notice of Appeal Procedural Compliance

Case Brief

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Parties

Enock Kalibwami

Applicant

Ayoub Ramadhani

Respondent

Jacob Elikana Muro

Respondent

Yusufu Muhando

Respondent

Procedural Posture

Civil Application / Application for Stay of Execution Before Court of Appeal

Legal Issues

  1. 1 Whether the application for stay of execution is competent in absence of an endorsed and valid notice of appeal as required by the Rules

Ratio Decidendi

Non-compliance with Rules 11(2)(b) and 18 of the Tanzania Court of Appeal Rules, 2009, by failing to append a valid, endorsed notice of appeal, is fatal and renders the application for stay of execution incompetent.

Court Disposition

application struck out as incompetent

Orders

  • application struck out
  • each party to bear its own costs