CIVIL APPLICATION NO 506 03 OF 2024 FINCA MICROFINANCE BANK LTD VS JALALA HUSSEIN
Failure to annex a copy of the decree as required by rule 11(7)(b) renders the application incompetent and subject to being struck out.
- Citation
- CIVIL APPLICATION NO 506 03 OF 2024 FINCA MICROFINANCE BANK LTD VS JALALA HUSSEIN
- Parties
- Applicant: FINCA Microfinance Bank Ltd; Respondent: Jatala Hussein
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 1 January 2024
- Procedural Posture
- Civil Application / Application for Stay of Execution Before the Court of Appeal
- Outcome
- Application struck out as incompetent
- Legal Topics
- Stay of Execution, Compliance With Procedural Rules, Annexing Decree to Application
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
FINCA Microfinance Bank Ltd
Applicant
Jatala Hussein
Respondent
Procedural Posture
Civil Application / Application for Stay of Execution Before the Court of Appeal
Legal Issues
- 1 Whether the application for stay of execution is competent without annexing a copy of the decree as required by rule 11(7)(b) of the Tanzania Court of Appeal Rules, 2009
- 2 Whether the applicant has fulfilled all requirements for grant of stay of execution
Ratio Decidendi
Failure to annex a copy of the decree as required by rule 11(7)(b) renders the application incompetent and subject to being struck out.
Court Disposition
Application struck out as incompetent
Orders
- Application struck out for being incompetent
- No order as to costs
Full Case Text
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