20111115 TZCA Arusha

20111115 TZCA Arusha

Since the Notice of Appeal was struck out for failure to serve within the prescribed time, the application for stay of execution cannot survive and must be struck out, not withdrawn.

Citation
20111115 TZCA Arusha
Parties
Applicant: Guardian Limited; Applicant: Printa Afrique Limited; Respondent: Justin Nyari
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
15 November 2011
Procedural Posture
Civil Application / Ruling on Application for Stay of Execution
Outcome
Application struck out with costs to the respondent.
Legal Topics
Stay of Execution, Withdrawal of Application, Service of Notice of Appeal, Court Discretion on Costs
Source Language
English
Civil Procedure Stay of Execution Withdrawal of Application Service of Notice of Appeal Court Discretion on Costs

Case Brief

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Parties

Guardian Limited

Applicant

Printa Afrique Limited

Applicant

Justin Nyari

Respondent

Procedural Posture

Civil Application / Ruling on Application for Stay of Execution

Legal Issues

  1. 1 Whether the application for stay of execution can be withdrawn after the Notice of Appeal has been struck out
  2. 2 Whether the application for stay of execution survives after the Notice of Appeal is struck out

Ratio Decidendi

Since the Notice of Appeal was struck out for failure to serve within the prescribed time, the application for stay of execution cannot survive and must be struck out, not withdrawn.

Court Disposition

Application struck out with costs to the respondent.

Orders

  • Application for stay of execution struck out
  • Respondent awarded costs