CIVIL APPLICATION NO 306 16 OF 2024 HAMIMU KARASHANI VS MESHACK JACKSON KABOTE

CIVIL APPLICATION NO 306 16 OF 2024 HAMIMU KARASHANI VS MESHACK JACKSON KABOTE

The applicant was made aware of the existence of an application for execution on 27/11/2023 upon service of the notice to show cause, and therefore the application for stay of execution filed on 02/05/2024 was outside the prescribed 14-day period and is time barred.

Citation
CIVIL APPLICATION NO 306 16 OF 2024 HAMIMU KARASHANI VS MESHACK JACKSON KABOTE
Parties
Applicant: Hamimu Karashani; Respondent: Meshack Jackson Kabote
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2024
Procedural Posture
Civil Application for Stay of Execution / Ruling on Preliminary Objection Regarding Limitation
Outcome
Application struck out as time barred
Legal Topics
Stay of Execution, Limitation Period, Court of Appeal Rules
Source Language
English
Civil Procedure Stay of Execution Limitation Period Court of Appeal Rules

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Parties

Hamimu Karashani

Applicant

Meshack Jackson Kabote

Respondent

Procedural Posture

Civil Application for Stay of Execution / Ruling on Preliminary Objection Regarding Limitation

Legal Issues

  1. 1 Whether the application for stay of execution was filed within the prescribed period under Rule 11(4) of the Tanzania Court of Appeal Rules, 2009

Ratio Decidendi

The applicant was made aware of the existence of an application for execution on 27/11/2023 upon service of the notice to show cause, and therefore the application for stay of execution filed on 02/05/2024 was outside the prescribed 14-day period and is time barred.

Court Disposition

Application struck out as time barred

Orders

  • Application is struck out