20050303 TZCA Dar es Salaam 1

20050303 TZCA Dar es Salaam 1

The application was incompetent due to wrong citation of the rule and absence of a substantive application for revision pending in the Court; stay of execution cannot be granted in such circumstances.

Citation
20050303 TZCA Dar es Salaam 1
Parties
Applicant: Happines Fidelis; Respondent: Michael Mwailupe; Respondent: Hellen Mushi
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
3 March 2005
Procedural Posture
Criminal Application / Ruling on Application for Stay of Execution
Outcome
Application struck out with costs
Legal Topics
Stay of Execution, Revision, Wrong Citation of Rules
Source Language
English
Criminal Law Civil Procedure Stay of Execution Revision Wrong Citation of Rules

Case Brief

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Parties

Happines Fidelis

Applicant

Michael Mwailupe

Respondent

Hellen Mushi

Respondent

Procedural Posture

Criminal Application / Ruling on Application for Stay of Execution

Legal Issues

  1. 1 Whether the application for stay of execution is competent given the wrong citation of rules
  2. 2 Whether stay of execution can be granted when no substantive application for revision is pending

Ratio Decidendi

The application was incompetent due to wrong citation of the rule and absence of a substantive application for revision pending in the Court; stay of execution cannot be granted in such circumstances.

Court Disposition

Application struck out with costs

Orders

  • Application struck out
  • Costs awarded to respondent