20080624 TZCA Tanga
The application was incompetent because the applicant had not lodged a notice of appeal, which is a mandatory prerequisite for an application for stay of execution.
- Citation
- 20080624 TZCA Tanga
- Parties
- Applicant: John Cosmas Mapunda; Respondent: Magreth Msenga
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 24 June 2008
- Procedural Posture
- Civil Application / Ruling on Application for Stay of Execution
- Outcome
- Application struck out as incompetent
- Legal Topics
- Stay of Execution, Notice of Appeal, Competence of Application
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
John Cosmas Mapunda
Applicant
Magreth Msenga
Respondent
Procedural Posture
Civil Application / Ruling on Application for Stay of Execution
Legal Issues
- 1 Whether the application for stay of execution was competent without lodging a notice of appeal
Ratio Decidendi
The application was incompetent because the applicant had not lodged a notice of appeal, which is a mandatory prerequisite for an application for stay of execution.
Court Disposition
Application struck out as incompetent
Orders
- The application is struck out.
- No order as to costs.
Full Case Text
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