PC Civil Appeal 23 of 2023 Judgment Mrisha J

PC Civil Appeal 23 of 2023 Judgment Mrisha J

Appellant failed to demonstrate sufficient cause for extension of time, as alleged irregularities and illegalities did not go to the root of the verdict and were not adequately explained. Locus standi was properly established by letter and statutory provision. Stay of execution cannot be granted absent a pending appeal or notice of appeal.

Citation
PC Civil Appeal 23 of 2023 Judgment Mrisha J
Parties
Appellant: Kiza Simon Bisate; 1st Respondent: Masanja Wilson Emmanuel; 2nd Respondent: Mark Xavier Msilu/A Dolsouth Company
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2023
Procedural Posture
PC Civil Appeal / Judgment
Outcome
Appeal dismissed with costs
Legal Topics
Extension of Time, Stay of Execution, Locus Standi
Source Language
English
Civil Procedure Extension of Time Stay of Execution Locus Standi

Case Brief

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Parties

Kiza Simon Bisate

Appellant

Masanja Wilson Emmanuel

1st Respondent

Mark Xavier Msilu/A Dolsouth Company

2nd Respondent

Procedural Posture

PC Civil Appeal / Judgment

Legal Issues

  1. 1 Whether sufficient cause was shown for extension of time to appeal
  2. 2 Whether omission to comply with Rule 54(1) of Magistrates Courts (Civil Procedure in Primary Court) Rules GN No. 310 of 1964 renders the trial court's decision a nullity
  3. 3 Whether 1st respondent had locus standi to sue on behalf of Theresia Anthony Masha

Ratio Decidendi

Appellant failed to demonstrate sufficient cause for extension of time, as alleged irregularities and illegalities did not go to the root of the verdict and were not adequately explained. Locus standi was properly established by letter and statutory provision. Stay of execution cannot be granted absent a pending appeal or notice of appeal.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed
  • Appellant to pay costs