kiberiti jeromini masumbuko masawe vs holday wilfred ngonya and 3 others 2022 tzhc 15566 2 december 2022

kiberiti jeromini masumbuko masawe vs holday wilfred ngonya and 3 others 2022 tzhc 15566 2 december 2022

The application for stay of execution is dismissed as it has been overtaken by events, since the underlying application for extension of time to set aside the ex-parte judgment has already been determined.

Citation
kiberiti jeromini masumbuko masawe vs holday wilfred ngonya and 3 others 2022 tzhc 15566 2 december 2022
Parties
Applicant: Kiberiti Jeromini Masumbuko @ Masawe; 1st Respondent: Holiday Wilfred Ngonya; 2nd Respondent: Giant Finance Limited; 3rd Respondent: Jackob Samson Simviche; 4th Respondent: Tulvin Investiment Co. Ltd
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
2 December 2022
Procedural Posture
Misc. Civil Application / Ruling on Application for Stay of Execution
Outcome
Dismissed
Legal Topics
Stay of Execution, Extension of Time, Ex Parte Judgment, Execution Proceedings
Source Language
English
Civil Procedure Stay of Execution Extension of Time Ex Parte Judgment Execution Proceedings

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Parties

Kiberiti Jeromini Masumbuko @ Masawe

Applicant

Holiday Wilfred Ngonya

1st Respondent

Giant Finance Limited

2nd Respondent

Jackob Samson Simviche

3rd Respondent

Tulvin Investiment Co. Ltd

4th Respondent

Procedural Posture

Misc. Civil Application / Ruling on Application for Stay of Execution

Legal Issues

  1. 1 Whether the application for stay of execution is maintainable pending determination of an application for extension of time to set aside ex-parte judgment when the latter has already been determined

Ratio Decidendi

The application for stay of execution is dismissed as it has been overtaken by events, since the underlying application for extension of time to set aside the ex-parte judgment has already been determined.

Court Disposition

Dismissed

Orders

  • Application dismissed as overtaken by events
  • No order as to costs