kijakazi ame haji vs members culture musical club zanzibar 2015 tzca 146 7 december 2015

IN THE COURT OF APPEAL OF TANZANIA AT ZANZIBAR ( CORAM: OTHMAN. C J.. KIMARO. J.A. And MUSSA. J.A.^ CIVIL APPEAL NO. 05 OF 2014 BETWEEN KIJAKAZI AME HAJI ........................................................... APPELLANT VERSUS MEMBERS CULTURE MUICAL CLUB ZANZIBAR ......................... RESPONDENT (Appeal from the ruling of the High Court of Zanzibar at Vuga) (Abdulhakim A. Issa . 3.1 dated 3rd day of October, 2012 in Civil Case No. 19 of 2012 RULING OF THE COURT 7™ December, 2015 OTHMAN. C.J.: Before us is a notice of preliminary objection instituted by Mr. Salim Mnkonje, learned advocate for the respondent that the Court has no jurisdiction to entertain the applicant's application for stay of execution lodged under Rule ll(2)(b)(c) of the Court of Appeal Rules, 2009, in the absence of a notice of appeal. Mr. Ussi Khamis Haji, learned Advocate for the applicant readily conceded to the objection. In our considered view, there is merit in the preliminary objection. Under Rule ll(2 )(b ) of the Court of Appeal Rules,2009 a notice of appeal is a prerequisite for the determination of an application for stay of execution in the Court. We would accordingly, uphold the preliminary objection, with no order as to costs, as Mr. Mnkonje was generous not to press for the same. In the result, the application is hereby struck out. Ordered accordingly. DATED at ZANZIBAR this day of 7th December, 2015. M. C. OTHMAN CHIEF JUSTICE N. P. KIMARO JUSTICE OF APPEAL K. M. MUSSA JUSTICE OF APPEAL I certify that this is a true copy of the original. J. R. KAHYOZA REGISTRAR COURT OF APPEAL 2