20121025 TZCA Dar es Salaam

20121025 TZCA Dar es Salaam

The limitation period for filing an application for stay of execution is sixty days from the date of filing the notice of appeal. The applicant filed the application eleven months after the notice of appeal without seeking extension of time, rendering the application time barred.

Citation
20121025 TZCA Dar es Salaam
Parties
Applicant: Hydroz Industry Service I Ltd; Applicant: Another (Second Applicant); Respondent: CRDB (1996) Ltd; Respondent: Angelo Pastory Muua; Respondent: Oldonyo Lengai Auction Mar
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
25 October 2012
Procedural Posture
Civil Application / Ruling on Preliminary Objection to Application for Stay of Execution
Outcome
Application struck out as time barred with costs.
Legal Topics
Stay of Execution, Limitation Periods, Appeals
Source Language
English
Civil Procedure Stay of Execution Limitation Periods Appeals

Case Brief

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Parties

Hydroz Industry Service I Ltd

Applicant

Another (Second Applicant)

Applicant

CRDB (1996) Ltd

Respondent

Angelo Pastory Muua

Respondent

Oldonyo Lengai Auction Mar

Respondent

Procedural Posture

Civil Application / Ruling on Preliminary Objection to Application for Stay of Execution

Legal Issues

  1. 1 Whether the application for stay of execution was filed within the prescribed limitation period
  2. 2 Whether the limitation period for filing an application for stay of execution is provided for by the Court Rules

Ratio Decidendi

The limitation period for filing an application for stay of execution is sixty days from the date of filing the notice of appeal. The applicant filed the application eleven months after the notice of appeal without seeking extension of time, rendering the application time barred.

Court Disposition

Application struck out as time barred with costs.

Orders

  • Application for stay of execution is struck out with costs.