juto ally vs lucas komba another 2016 tzca 780 10 march 2016

juto ally vs lucas komba another 2016 tzca 780 10 march 2016

The applicant demonstrated good cause for the delay in filing the application for stay of execution, as she was not supplied with the decree in time despite diligent follow-up, and the decree is a mandatory document for such an application. The delay was not attributable to the applicant's inaction.

Citation
juto ally vs lucas komba another 2016 tzca 780 10 march 2016
Parties
Applicant: Juto Ally; Respondent: Lucas Komba and Another
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
10 March 2016
Procedural Posture
Civil Application / Ruling on Application for Extension of Time to File Stay of Execution
Outcome
Application granted
Legal Topics
Extension of Time, Stay of Execution, Decree Supply Delay
Source Language
English
Civil Procedure Land Law Extension of Time Stay of Execution Decree Supply Delay

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Parties

Juto Ally

Applicant

Lucas Komba and Another

Respondent

Procedural Posture

Civil Application / Ruling on Application for Extension of Time to File Stay of Execution

Legal Issues

  1. 1 Whether the applicant has shown good cause for extension of time to file an application for stay of execution

Ratio Decidendi

The applicant demonstrated good cause for the delay in filing the application for stay of execution, as she was not supplied with the decree in time despite diligent follow-up, and the decree is a mandatory document for such an application. The delay was not attributable to the applicant's inaction.

Court Disposition

Application granted

Orders

  • Applicant granted leave to file application for stay of execution not later than 30 days from the date of this order