malaya abdallah mtambo vs abdallah mtambo others 2014 tzhc 2122 27 may 2014

malaya abdallah mtambo vs abdallah mtambo others 2014 tzhc 2122 27 may 2014

The application for stay of execution lacks merit as the applicant is not the only heir, other heirs have received and consumed their shares, and the 3rd Respondent is entitled to possession. There is no illegality or miscarriage of justice in the prior ruling, and the intended appeal has no overwhelming chances of success.

Citation
malaya abdallah mtambo vs abdallah mtambo others 2014 tzhc 2122 27 may 2014
Parties
Applicant: Malaya Abdallah Mtambo; 1st Respondent: Abdallah Mtambo; 2nd Respondent: N.C. Nsombo & Company Limited; 3rd Respondent: Salim Seleman Salum
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
27 May 2014
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Stay of Execution and Leave to Appeal
Outcome
Application for stay of execution and leave to appeal dismissed. Each party to bear its own costs.
Legal Topics
Stay of Execution, Distribution of Estate, Leave to Appeal
Source Language
English
Civil Procedure Succession Law Stay of Execution Distribution of Estate Leave to Appeal

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Parties

Malaya Abdallah Mtambo

Applicant

Abdallah Mtambo

1st Respondent

N.C. Nsombo & Company Limited

2nd Respondent

Salim Seleman Salum

3rd Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Application for Stay of Execution and Leave to Appeal

Legal Issues

  1. 1 Whether stay of execution should be granted pending appeal
  2. 2 Whether leave to appeal out of time should be granted

Ratio Decidendi

The application for stay of execution lacks merit as the applicant is not the only heir, other heirs have received and consumed their shares, and the 3rd Respondent is entitled to possession. There is no illegality or miscarriage of justice in the prior ruling, and the intended appeal has no overwhelming chances of success.

Court Disposition

Application for stay of execution and leave to appeal dismissed. Each party to bear its own costs.

Orders

  • Execution to proceed.
  • Application for leave to appeal out of time summarily dismissed.