gabriel mathias michael another vs halima ferouz others 2020 tzca 220 13 may 2020

gabriel mathias michael another vs halima ferouz others 2020 tzca 220 13 may 2020

The delay was technical and unavoidable, caused by the need to obtain extension of time to file Notice of Appeal, which was a precondition for applying for stay of execution; good cause was shown and extension granted.

Citation
gabriel mathias michael another vs halima ferouz others 2020 tzca 220 13 may 2020
Parties
Applicant: Gabriel Mathias Michael; Applicant: Hamis Sheha Riko; Respondent: Halima Feruzi; Respondent: Egbert Kalugendo; Respondent: Nurdin Ally Said
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
13 May 2020
Procedural Posture
Civil Application / Application for Extension of Time to Apply for Stay of Execution
Outcome
application granted
Legal Topics
Extension of Time, Stay of Execution, Technical Delay
Source Language
English
Civil Procedure Extension of Time Stay of Execution Technical Delay

Case Brief

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Parties

Gabriel Mathias Michael

Applicant

Hamis Sheha Riko

Applicant

Halima Feruzi

Respondent

Egbert Kalugendo

Respondent

Nurdin Ally Said

Respondent

Procedural Posture

Civil Application / Application for Extension of Time to Apply for Stay of Execution

Legal Issues

  1. 1 Whether good cause exists for extension of time to apply for stay of execution
  2. 2 Whether technical delay constitutes good cause under Rule 10

Ratio Decidendi

The delay was technical and unavoidable, caused by the need to obtain extension of time to file Notice of Appeal, which was a precondition for applying for stay of execution; good cause was shown and extension granted.

Court Disposition

application granted

Orders

  • Application for stay of execution to be filed within 14 days of delivery of ruling.
  • Costs of application to be in the main cause.