19961125 TZHC Dar es Salaam

19961125 TZHC Dar es Salaam

The High Court cannot grant an order for maintenance of status quo or stay of execution where the applicant has not first applied to the executing court as required by Order XXI Rule 24(1) of the Civil Procedure Code. Circumventing this procedure is impermissible, and the court cannot use inherent powers to override clear statutory provisions.

Citation
19961125 TZHC Dar es Salaam
Parties
Appellant: Hadija Selemani; Appellant: Mama Boni; Appellant: Richard Komba; Appellant: P. Komba; Respondent: Naginder Singh Nathari
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
25 November 1996
Procedural Posture
Civil Appeal / Interlocutory Application for Stay of Execution
Outcome
application for maintenance of status quo refused; leave granted to file counter affidavit
Legal Topics
Stay of Execution, Procedure for Stay Applications, Execution of Decrees
Source Language
English
Civil Procedure Stay of Execution Procedure for Stay Applications Execution of Decrees

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Parties

Hadija Selemani

Appellant

Mama Boni

Appellant

Richard Komba

Appellant

P. Komba

Appellant

Naginder Singh Nathari

Respondent

Procedural Posture

Civil Appeal / Interlocutory Application for Stay of Execution

Legal Issues

  1. 1 Whether the High Court can order maintenance of status quo or stay of execution without prior application to the executing court as required by Order XXI Rule 24(1) of the Civil Procedure Code

Ratio Decidendi

The High Court cannot grant an order for maintenance of status quo or stay of execution where the applicant has not first applied to the executing court as required by Order XXI Rule 24(1) of the Civil Procedure Code. Circumventing this procedure is impermissible, and the court cannot use inherent powers to override clear statutory provisions.

Court Disposition

application for maintenance of status quo refused; leave granted to file counter affidavit

Orders

  • No order for maintenance of status quo; leave granted to respondent to file counter affidavit by 28/11/1996