CIVIL APPLICATION NO

CIVIL APPLICATION NO

The application was dismissed because the applicant failed to attach the mandatory notice of intended execution, did not substantiate claims of ongoing execution, and the decree had already been executed without court involvement, leaving nothing to stay.

Citation
CIVIL APPLICATION NO
Parties
Applicant: Mary Mukami Messo; 1st Respondent: Hamis Mohamed Sagamba; 2nd Respondent: Sangu Charles John
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2025
Procedural Posture
Civil Application / Ruling on Application for Stay of Execution Pending Appeal
Outcome
Application dismissed
Legal Topics
Stay of Execution, Appeals, Execution of Decrees, Land Ownership Disputes
Source Language
English
Civil Procedure Land Law Stay of Execution Appeals Execution of Decrees Land Ownership Disputes

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Parties

Mary Mukami Messo

Applicant

Hamis Mohamed Sagamba

1st Respondent

Sangu Charles John

2nd Respondent

Procedural Posture

Civil Application / Ruling on Application for Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether the applicant met the conditions for grant of stay of execution under Rule 11 of the Court of Appeal Rules
  2. 2 Whether the absence of a notice of intended execution is fatal to the application
  3. 3 Whether the decree has already been executed, rendering the application moot

Ratio Decidendi

The application was dismissed because the applicant failed to attach the mandatory notice of intended execution, did not substantiate claims of ongoing execution, and the decree had already been executed without court involvement, leaving nothing to stay.

Court Disposition

Application dismissed

Orders

  • Application for stay of execution dismissed
  • Costs to follow the event