CIVIL APPLICATION NO

CIVIL APPLICATION NO

The application was struck out because the applicant failed to serve the notice of motion and supporting documents to the respondent within the prescribed time, as required by Rule 55(1) of the Tanzania Court of Appeal Rules, 2009, rendering the application incompetent.

Citation
CIVIL APPLICATION NO
Parties
Applicant: Hussein Mmasi; 1st Respondent: Patrick Joseph Kimaro; 2nd Respondent: Tanzania Electrical Supply Co. Ltd; 3rd Respondent: Makame Sengulo t/a MAS & Associates Company Limited
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2024
Procedural Posture
Civil Application / Ruling on Application for Stay of Execution
Outcome
Application struck out as incompetent
Legal Topics
Stay of Execution, Service of Process, Compliance With Court Rules
Source Language
English
Civil Procedure Stay of Execution Service of Process Compliance With Court Rules

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 5 Party arguments 2
Sign in to unlock

Parties

Hussein Mmasi

Applicant

Patrick Joseph Kimaro

1st Respondent

Tanzania Electrical Supply Co. Ltd

2nd Respondent

Makame Sengulo t/a MAS & Associates Company Limited

3rd Respondent

Procedural Posture

Civil Application / Ruling on Application for Stay of Execution

Legal Issues

  1. 1 Whether the application for stay of execution meets the threshold required by law
  2. 2 Whether the applicant complied with the requirement to serve the notice of motion and supporting documents within the prescribed time

Ratio Decidendi

The application was struck out because the applicant failed to serve the notice of motion and supporting documents to the respondent within the prescribed time, as required by Rule 55(1) of the Tanzania Court of Appeal Rules, 2009, rendering the application incompetent.

Court Disposition

Application struck out as incompetent

Orders

  • Application struck out with costs