leonard salvatory mallya vs yona loingon laizer 2019 tzhc 284 16 january 2019

leonard salvatory mallya vs yona loingon laizer 2019 tzhc 284 16 january 2019

The High Court cannot grant a stay of execution against a Primary Court decree when the appeal is against a dismissal order for extension of time; the proper forum for such application is the executing court or the District Court.

Citation
leonard salvatory mallya vs yona loingon laizer 2019 tzhc 284 16 january 2019
Parties
Applicant: Leonard Salvatory Mallya; Respondent: Yona Loing’on Laizer
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
16 January 2019
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Stay of Execution
Outcome
Application dismissed with costs
Legal Topics
Stay of Execution, Appeals, Execution of Decrees
Source Language
English
Civil Procedure Stay of Execution Appeals Execution of Decrees

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Parties

Leonard Salvatory Mallya

Applicant

Yona Loing’on Laizer

Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Application for Stay of Execution

Legal Issues

  1. 1 Whether the High Court can grant a stay of execution against a Primary Court decree when the appeal is against a dismissal order for extension of time

Ratio Decidendi

The High Court cannot grant a stay of execution against a Primary Court decree when the appeal is against a dismissal order for extension of time; the proper forum for such application is the executing court or the District Court.

Court Disposition

Application dismissed with costs

Orders

  • Temporary restraining order against attachment of property is lifted
  • Applicant advised to seek remedy in proper forum