laurent kavishe vs republic 2013 tzca 365 3 may 2013

laurent kavishe vs republic 2013 tzca 365 3 may 2013

The applicant failed to show good cause for a stay of execution and did not furnish security as required by the rules. The preliminary objection raised by the applicant was incompetent as such objections are only available to respondents. The application for stay of execution was therefore dismissed with costs.

Citation
laurent kavishe vs republic 2013 tzca 365 3 may 2013
Parties
Applicant: Laurent Kavishe; Respondent: Enely Hezron
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
3 May 2013
Procedural Posture
Civil Application / Ruling on Application for Stay of Execution
Outcome
application dismissed with costs
Legal Topics
Stay of Execution, Preliminary Objection, Double Allocation, Encroachment, Security for Costs
Source Language
English
Civil Procedure Land Law Stay of Execution Preliminary Objection Double Allocation Encroachment Security for Costs

Case Brief

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Parties

Laurent Kavishe

Applicant

Enely Hezron

Respondent

Procedural Posture

Civil Application / Ruling on Application for Stay of Execution

Legal Issues

  1. 1 Whether the applicant is entitled to a stay of execution pending appeal
  2. 2 Whether the preliminary objection raised by the applicant is competent

Ratio Decidendi

The applicant failed to show good cause for a stay of execution and did not furnish security as required by the rules. The preliminary objection raised by the applicant was incompetent as such objections are only available to respondents. The application for stay of execution was therefore dismissed with costs.

Court Disposition

application dismissed with costs

Orders

  • preliminary objection struck out
  • application for stay of execution dismissed with costs