gabriel mathias michael vs halima feruzi others 2022 tzca 307 24 may 2022

gabriel mathias michael vs halima feruzi others 2022 tzca 307 24 may 2022

Despite applicant's failure to account for all periods of delay, the existence of alleged illegalities and irregularities in the High Court proceedings constitutes sufficient cause for extension of time to apply for stay of execution.

Citation
gabriel mathias michael vs halima feruzi others 2022 tzca 307 24 may 2022
Parties
Applicant: Gabriel Mathias Michael; Respondent: Halima Feruzi; Respondent: Unnamed Respondent 1; Respondent: Unnamed Respondent 2
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
24 May 2022
Procedural Posture
Civil Application / Ruling on Application for Extension of Time to Apply for Stay of Execution
Outcome
Application granted
Legal Topics
Extension of Time, Stay of Execution, Illegality as Ground for Extension, Court Procedure
Source Language
English
Civil Procedure Land Law Extension of Time Stay of Execution Illegality as Ground for Extension Court Procedure

Case Brief

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Parties

Gabriel Mathias Michael

Applicant

Halima Feruzi

Respondent

Unnamed Respondent 1

Respondent

Unnamed Respondent 2

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether sufficient cause exists for extension of time to apply for stay of execution
  2. 2 Whether alleged illegalities and irregularities in High Court proceedings justify extension

Ratio Decidendi

Despite applicant's failure to account for all periods of delay, the existence of alleged illegalities and irregularities in the High Court proceedings constitutes sufficient cause for extension of time to apply for stay of execution.

Court Disposition

Application granted

Orders

  • Applicant to lodge application for stay of execution within 14 days of delivery of ruling
  • Costs to be in the cause