ahmed vs bin kulaib 2005 tzca 18 13 april 200

ahmed vs bin kulaib 2005 tzca 18 13 april 200

The Court of Appeal has no jurisdiction to grant a stay of execution of a decree issued by the Regional Housing Tribunal, as appeals and related applications must be against decisions of the High Court.

Citation
ahmed vs bin kulaib 2005 tzca 18 13 april 200
Parties
Applicant: Jamal Ahmed; Respondent: Yeslam Said Bin Kulaib
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
1 January 2005
Procedural Posture
Civil Application for Stay of Execution / Ruling on Preliminary Objection
Outcome
Application struck out with costs
Legal Topics
Stay of Execution, Jurisdiction, Abuse of Process
Source Language
English
Civil Procedure Appellate Jurisdiction Stay of Execution Jurisdiction Abuse of Process

Case Brief

Summary, issues, holding and outcome

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Parties

Jamal Ahmed

Applicant

Yeslam Said Bin Kulaib

Respondent

Procedural Posture

Civil Application for Stay of Execution / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the Court of Appeal has jurisdiction to grant a stay of execution of a decree issued by the Regional Housing Tribunal
  2. 2 Whether the application is an abuse of court process

Ratio Decidendi

The Court of Appeal has no jurisdiction to grant a stay of execution of a decree issued by the Regional Housing Tribunal, as appeals and related applications must be against decisions of the High Court.

Court Disposition

Application struck out with costs

Orders

  • Application is struck out with costs