CIVIL APPLICATION NO 477 01 OF 2024 HAMZA MANSOUR 3 OTHERS VS ABDALLALAH AMIN ABDALLAH 9 OTHERS

CIVIL APPLICATION NO 477 01 OF 2024 HAMZA MANSOUR 3 OTHERS VS ABDALLALAH AMIN ABDALLAH 9 OTHERS

The application is time barred because the applicants were aware of the execution proceedings since February 2022 but failed to file for stay within the prescribed 14 days under Rule 11(4) of the Tanzania Court of Appeal Rules, 2009. Their delay is inordinate and unjustified.

Citation
CIVIL APPLICATION NO 477 01 OF 2024 HAMZA MANSOUR 3 OTHERS VS ABDALLALAH AMIN ABDALLAH 9 OTHERS
Parties
Applicant: Hamza M Ansour; Applicant: Abdulhakim Abeid; Applicant: Abdillah Saleh; Applicant: Maruzuku Magongo; Respondent: Abdallah Amin Abdallah; Respondent: Omary S. Mbalamwezi; Respondent: Khalid Abdallah; Respondent: Sherally Hussein Sherally; Respondent: Ibrahim Hussein; Respondent: Idrissa Abdallah; Respondent: The Administrator General; Respondent: Attorney General; Respondent: The Registered Trustees of Jumaa Mosque Mwanza; Respondent: Abui Maftah
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2024
Procedural Posture
Civil Application / Ruling on Preliminary Objection (application for Stay of Execution)
Outcome
Application dismissed as time barred with costs.
Legal Topics
Stay of Execution, Limitation of Actions, Execution of Decrees
Source Language
English
Civil Procedure Stay of Execution Limitation of Actions Execution of Decrees

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Parties

Hamza M Ansour

Applicant

Abdulhakim Abeid

Applicant

Abdillah Saleh

Applicant

Maruzuku Magongo

Applicant

Abdallah Amin Abdallah

Respondent

Omary S. Mbalamwezi

Respondent

Khalid Abdallah

Respondent

Sherally Hussein Sherally

Respondent

Ibrahim Hussein

Respondent

Idrissa Abdallah

Respondent

The Administrator General

Respondent

Attorney General

Respondent

The Registered Trustees of Jumaa Mosque Mwanza

Respondent

Abui Maftah

Respondent

Procedural Posture

Civil Application / Ruling on Preliminary Objection (application for Stay of Execution)

Legal Issues

  1. 1 Whether the application for stay of execution is time barred under Rule 11(4) of the Tanzania Court of Appeal Rules, 2009
  2. 2 Whether the affidavit in support of the application contains falsehoods

Ratio Decidendi

The application is time barred because the applicants were aware of the execution proceedings since February 2022 but failed to file for stay within the prescribed 14 days under Rule 11(4) of the Tanzania Court of Appeal Rules, 2009. Their delay is inordinate and unjustified.

Court Disposition

Application dismissed as time barred with costs.

Orders

  • Application dismissed as time barred.
  • Applicants to pay costs.