20150715 TZCA Arusha

20150715 TZCA Arusha

The applicant demonstrated good cause for delay by actively pursuing her right to apply for stay of execution, and the single Justice erred by not considering her efforts as sufficient justification under Rule 10.

Citation
20150715 TZCA Arusha
Parties
Applicant: Hadija Adam; Respondent: Godbless Tumbo
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
15 July 2015
Procedural Posture
Civil Application / Reference to Panel of Three Justices After Refusal by Single Justice
Outcome
reference allowed
Legal Topics
Extension of Time, Stay of Execution, Good Cause for Delay
Source Language
English

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Parties

Hadija Adam

Applicant

Godbless Tumbo

Respondent

Procedural Posture

Civil Application / Reference to Panel of Three Justices After Refusal by Single Justice

  1. 1 Whether the applicant demonstrated good cause for extension of time to file an application for stay of execution

Ratio Decidendi

The applicant demonstrated good cause for delay by actively pursuing her right to apply for stay of execution, and the single Justice erred by not considering her efforts as sufficient justification under Rule 10.

Court Disposition

reference allowed

Orders

  • Applicant to file application for stay of execution within 14 days from the date of the ruling
  • Costs to be in the cause