irene william mkenga vs costa othiniel ahia 2012 tzca 182 20 september 2012

irene william mkenga vs costa othiniel ahia 2012 tzca 182 20 september 2012

The application was filed 70 days after the notice of appeal, exceeding the 60-day limit, and no extension of time was sought; thus, the application is incompetent and must be struck out.

Citation
irene william mkenga vs costa othiniel ahia 2012 tzca 182 20 september 2012
Parties
Applicant: Irene William Mkenga; Respondent: Costa Othiniel Ahia
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
20 September 2012
Procedural Posture
Civil Application / Ruling on Application for Stay of Execution
Outcome
application struck out with costs
Legal Topics
Stay of Execution, Time Limitation, Court Procedure
Source Language
English
Civil Procedure Stay of Execution Time Limitation Court Procedure

Case Brief

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Parties

Irene William Mkenga

Applicant

Costa Othiniel Ahia

Respondent

Procedural Posture

Civil Application / Ruling on Application for Stay of Execution

Legal Issues

  1. 1 Whether the application for stay of execution was filed within the prescribed time under Rule 11(2)(c) of the Tanzania Court of Appeal Rules, 2009
  2. 2 Whether the applicant provided sufficient cause for delay

Ratio Decidendi

The application was filed 70 days after the notice of appeal, exceeding the 60-day limit, and no extension of time was sought; thus, the application is incompetent and must be struck out.

Court Disposition

application struck out with costs

Orders

  • application struck out with costs