CIVIL APPLICATION NO 516 17 OF 2024 FARAJI ALLY SAID VS ASHURA OMARI NYUMBA 3 OTHERS

CIVIL APPLICATION NO 516 17 OF 2024 FARAJI ALLY SAID VS ASHURA OMARI NYUMBA 3 OTHERS

The application for stay of execution was filed after the execution order had already been granted and carried out, rendering the application time barred and incompetent. The Court lacks jurisdiction to entertain a time barred application.

Citation
CIVIL APPLICATION NO 516 17 OF 2024 FARAJI ALLY SAID VS ASHURA OMARI NYUMBA 3 OTHERS
Parties
Applicant: Faraji Ally Said; 1st Respondent: Ashura Omari Nyumba; 2nd Respondent: The Commissioner for Land; 3rd Respondent: The Attorney General; 4th Respondent: Forsters and Company Limited
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2024
Procedural Posture
Civil Application / Ruling on Application for Stay of Execution
Outcome
Application struck out with costs
Legal Topics
Stay of Execution, Time Limitation, Execution of Decree
Source Language
English
Civil Procedure Land Law Stay of Execution Time Limitation Execution of Decree

Case Brief

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Parties

Faraji Ally Said

Applicant

Ashura Omari Nyumba

1st Respondent

The Commissioner for Land

2nd Respondent

The Attorney General

3rd Respondent

Forsters and Company Limited

4th Respondent

Procedural Posture

Civil Application / Ruling on Application for Stay of Execution

Legal Issues

  1. 1 Whether the application for stay of execution was filed within the prescribed time limit
  2. 2 Whether the Court has jurisdiction to grant stay of execution after execution has commenced

Ratio Decidendi

The application for stay of execution was filed after the execution order had already been granted and carried out, rendering the application time barred and incompetent. The Court lacks jurisdiction to entertain a time barred application.

Court Disposition

Application struck out with costs

Orders

  • Application for stay of execution struck out
  • Applicant to pay costs