leonce cosmas vs cosmas kaunda 2006 tzhc 274 15 september 2006

leonce cosmas vs cosmas kaunda 2006 tzhc 274 15 september 2006

The applicant failed to demonstrate any error apparent on the face of the record to justify a review, and the application for stay of execution was filed out of time, rendering both applications without merit.

Citation
leonce cosmas vs cosmas kaunda 2006 tzhc 274 15 september 2006
Parties
Applicant: Leonce s/o Cosmas; Respondent: Cosmas Kaunda
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
15 September 2006
Procedural Posture
Miscellaneous Civil Application / Ruling on Applications for Review and Stay of Execution
Outcome
Applications dismissed with costs
Legal Topics
Review of Judgment, Stay of Execution, Limitation of Actions
Source Language
English
Civil Procedure Review of Judgment Stay of Execution Limitation of Actions

Case Brief

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Parties

Leonce s/o Cosmas

Applicant

Cosmas Kaunda

Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Applications for Review and Stay of Execution

Legal Issues

  1. 1 Whether the applicant is entitled to a review of the judgment delivered on 7/10/2005
  2. 2 Whether the application for stay of execution is time-barred

Ratio Decidendi

The applicant failed to demonstrate any error apparent on the face of the record to justify a review, and the application for stay of execution was filed out of time, rendering both applications without merit.

Court Disposition

Applications dismissed with costs

Orders

  • Both the application for review and the application for stay of execution are dismissed with costs.