martin storato uleti vs antony msangawale and 9 others 2021 tzhclandd 382 26 august 2021

martin storato uleti vs antony msangawale and 9 others 2021 tzhclandd 382 26 august 2021

The application is incurably defective for failure to disclose all respondent names, confusion in deponent identification, and being filed out of statutory time without leave. It lacks merit as it seeks stay of an interlocutory order, and no substantial loss was proven.

Citation
martin storato uleti vs antony msangawale and 9 others 2021 tzhclandd 382 26 august 2021
Parties
Applicant: Martin Storato Uleti; Respondent: Antony Msangawale; Respondent: 9 Others
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
26 August 2021
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Stay of Execution
Outcome
Application dismissed with costs
Legal Topics
Stay of Execution, Limitation of Actions, Affidavit Defects, Interlocutory Orders
Source Language
English

Case Brief

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Parties

Martin Storato Uleti

Applicant

Antony Msangawale

Respondent

9 Others

Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application for Stay of Execution

  1. 1 Whether the application is incurably defective
  2. 2 Whether the application for stay of execution has merits

Ratio Decidendi

The application is incurably defective for failure to disclose all respondent names, confusion in deponent identification, and being filed out of statutory time without leave. It lacks merit as it seeks stay of an interlocutory order, and no substantial loss was proven.

Court Disposition

Application dismissed with costs

Orders

  • Application dismissed with costs