jane machness macharia vs lucy macharia ess 2010 tzca 66 10 november 2010

jane machness macharia vs lucy macharia ess 2010 tzca 66 10 november 2010

The Court of Appeal has no jurisdiction to grant a stay of execution under Rule 9(2)(b) unless a notice of appeal has been lodged against the impugned decision; absence of such notice renders the application incompetent.

Citation
jane machness macharia vs lucy macharia ess 2010 tzca 66 10 november 2010
Parties
Applicant: Jane Machess Macharia; Respondent: Lucy Macharia Ess
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
10 November 2010
Procedural Posture
Civil Application / Application for Stay of Execution Pending Appeal
Outcome
application struck out
Legal Topics
Stay of Execution, Notice of Appeal, Jurisdiction
Source Language
English
Civil Procedure Probate and Administration Stay of Execution Notice of Appeal Jurisdiction

Case Brief

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Parties

Jane Machess Macharia

Applicant

Lucy Macharia Ess

Respondent

Procedural Posture

Civil Application / Application for Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether the Court of Appeal has jurisdiction to grant a stay of execution in the absence of a notice of appeal under Rule 9(2)(b) of the Tanzania Court of Appeal Rules, 1979

Ratio Decidendi

The Court of Appeal has no jurisdiction to grant a stay of execution under Rule 9(2)(b) unless a notice of appeal has been lodged against the impugned decision; absence of such notice renders the application incompetent.

Court Disposition

application struck out

Orders

  • Notice of Motion lodged on 19 November 2009 is struck out
  • No order as to costs