IDRISA RAMADHANI HAYESHI VS EMMANUEL ELINAMI MAKUNDI

IDRISA RAMADHANI HAYESHI VS EMMANUEL ELINAMI MAKUNDI

The application is incompetent as there is no pending appeal or established application for extension of time to file a notice of appeal, and the High Court lacks jurisdiction to entertain a stay of execution in such circumstances.

Citation
IDRISA RAMADHANI HAYESHI VS EMMANUEL ELINAMI MAKUNDI
Parties
Applicant: Idrisa Ramadhan Hayeshi; 1st Respondent: Emmanuel Elinami Makundi; 2nd Respondent: Permanent Secretary Ministry of Works; 3rd Respondent: The Attorney General; 4th Respondent: Mwanza City Council
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
31 October 2024
Procedural Posture
Land Case Application / Ruling on Preliminary Objection
Outcome
Application struck out with costs
Legal Topics
Extension of Time, Stay of Execution, Jurisdiction, Preliminary Objection
Source Language
English
Civil Procedure Land Law Extension of Time Stay of Execution Jurisdiction Preliminary Objection

Case Brief

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Parties

Idrisa Ramadhan Hayeshi

Applicant

Emmanuel Elinami Makundi

1st Respondent

Permanent Secretary Ministry of Works

2nd Respondent

The Attorney General

3rd Respondent

Mwanza City Council

4th Respondent

Procedural Posture

Land Case Application / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the application for extension of time to apply for stay of execution is competent in absence of a pending appeal or established application for extension of time to file notice of appeal
  2. 2 Whether the High Court has jurisdiction to entertain an application for stay of execution when the matter is pending before the Court of Appeal

Ratio Decidendi

The application is incompetent as there is no pending appeal or established application for extension of time to file a notice of appeal, and the High Court lacks jurisdiction to entertain a stay of execution in such circumstances.

Court Disposition

Application struck out with costs

Orders

  • Application struck out
  • Applicant to pay costs