felix changwe bruder 4 others vs samia wiliam bihembo and 4 others 2022 tzhclandd 12242 29 august 2022
The application for stay of execution has no merit because the underlying Misc. Land Application No. 299 of 2021 was already struck out, rendering the present application overtaken by events.
Source-derived case information.
- Citation
- felix changwe bruder 4 others vs samia wiliam bihembo and 4 others 2022 tzhclandd 12242 29 august 2022
- Parties
- Applicant: Felix Changwe Bruder (Administrator of the Estate of the late Emmanuel Pala Pala Bruder); Applicant: Mama Mfinanga; Applicant: Mwajuma Ndege; Applicant: Emanuel Mshana; Applicant: Mr. Thomas; Respondent: Samia William Bihembo (Administratrix of the estate of the late Biswad Salenda Msuya); Respondent: Shabani Salenda Msuya (Administrator of the Estate of the late Biswadi Selenda Msuya); Respondent: Longi Biswadi Msuya (Administrator of the Estate of the late Biswadi Selenda Msuya); Respondent: Omary Biswadi Msuya (Administrator of the Estate of the late Biswadi Selenda Msuya); Respondent: Fosters and Company Limited
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 29 August 2022
- Procedural Posture
- Miscellaneous Land Application / Ruling on Application for Stay of Execution
- Outcome
- Application dismissed
- Legal Topics
- Stay of Execution, Dismissal for Want of Merit
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Felix Changwe Bruder (Administrator of the Estate of the late Emmanuel Pala Pala Bruder)
Applicant
Mama Mfinanga
Applicant
Mwajuma Ndege
Applicant
Emanuel Mshana
Applicant
Mr. Thomas
Applicant
Samia William Bihembo (Administratrix of the estate of the late Biswad Salenda Msuya)
Respondent
Shabani Salenda Msuya (Administrator of the Estate of the late Biswadi Selenda Msuya)
Respondent
Longi Biswadi Msuya (Administrator of the Estate of the late Biswadi Selenda Msuya)
Respondent
Omary Biswadi Msuya (Administrator of the Estate of the late Biswadi Selenda Msuya)
Respondent
Fosters and Company Limited
Respondent
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Stay of Execution
Legal Issues
- 1 Whether the application for stay of execution is maintainable after the striking out of the underlying case
Ratio Decidendi
The application for stay of execution has no merit because the underlying Misc. Land Application No. 299 of 2021 was already struck out, rendering the present application overtaken by events.
Court Disposition
Application dismissed
Full Case Text
Judgment text and source record
1 paragraphs
IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA (LAND DIVISION) AT PAR ES SALAAM MISC. LAND APPLICATION NO. 299 OF 2021 FELIX CHANGWE BRUDER (Administrator of the Estate of the late EMMANUEL PALA PALA BRUDER)....................... 1st APPLICANT MAMA MFINANGA.................................................2ND APPLICANT MWAJUMA NDEGE........................................... 3rd APPLICANT EMANUEL MSHANA.............. ................................. 4th APPLICANT MR. THOMAS........................................................ 5th APPLICANT VERSUS SAMIA WILLIAM BIHEMBO (Admistratrix of the estate of the late Biswad Salenda Msuya)................................... 1st RESPONDENT SHABANI SALENDA MSUYA (Administrator of the Estate of the late Biswadi Selenda Msuya).......................... 2nd RESPONDENT LONGI BISWADI MSUYA (Administrator of the Estate of the late Biswadi Selenda Msuya)................................. ...3rd RESPONDNT OMARY BISWADI MSUYA (Administrator of the Estate of the late Biswadi Selenda Msuya).......................... ........ .4™ RESPONDENT FOSTERS AND COMPANY LIMITED....................5th RESPONDENT RULING Date ofLast Order: 09.08.2022 Date of Ruling: 29.08.2022 1 f T. N. MWENEGOHA, J. Tne applicants are seeking for an order stay the execution of judgment of this court, given in Land Case No. 282 of 2010, pending the determination of Misc. Land Application No. 299 of 2021. The application was brought under Order XXI Rule 24(1) and Sections 68(e) and 95 of the Civil Procedure Code, Cap 33 R. E. 2019. It was accompanied by the affidavit of Smdilo Lyimo, Counsel for the applicant. The same was heard by way of written submissions. Advocate Sindilo G. Lyimo appeared for the applicants while the respondents were represented by Advocate Queen Sambo. However, as I was writing this Ruling, I realized that, the case to which this application is baseo (Misc. land Application No 299 of 2021) was struck out on the 27th July, 2021. That is to say, the application at hand has been overtaken by events. Hence, I see no need to reproduce the submissions of the counsels for the parties for and against this application, thougn I appreciate their efforts in arguing for and against this application. In the end, I find this application to have no merits and I dismiss it 2