19991203 TZCA Zanzibar

The application for stay of execution is incompetent in law as no notice of appeal has been lodged against the relevant decision; the Court of Appeal cannot grant a stay in such circumstances.

Citation: 19991203 TZCA Zanzibar
Parties: Applicant: Fereji Mbarak; Respondent: Alimurad
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 3 December 1999
Procedural Posture: Civil Application / Ruling on Application for Stay of Execution
Outcome: Application struck out as incompetent.
Legal Topics: Stay of Execution, Notice of Appeal, Jurisdiction
Source Language: English

Civil Procedure Stay of Execution Notice of Appeal Jurisdiction

Case Brief

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Parties

Fereji Mbarak

Applicant

Alimurad

Respondent

Procedural Posture

Civil Application / Ruling on Application for Stay of Execution

Legal Issues

1 Whether the Court of Appeal can grant a stay of execution without a notice of appeal against the relevant decision
2 Whether a stay of execution of a ruling refusing stay can bar execution of the original decree

Ratio Decidendi

The application for stay of execution is incompetent in law as no notice of appeal has been lodged against the relevant decision; the Court of Appeal cannot grant a stay in such circumstances.

Court Disposition

Application struck out as incompetent.

Orders

Respondent awarded costs in the application.
Respondent is at liberty to seek stay of execution of the decree from the appropriate forum, subject to statutory time limitation.