mathias mfumya others vs christopher nyirabu others 2018 tzhc 2854 29 june 2018

mathias mfumya others vs christopher nyirabu others 2018 tzhc 2854 29 june 2018

The application for stay of execution was filed beyond the prescribed limitation period of sixty days from the date the applicants became aware of the ex parte decree. No order for extension of time was obtained. Therefore, the application is time barred and must be dismissed.

Citation
mathias mfumya others vs christopher nyirabu others 2018 tzhc 2854 29 june 2018
Parties
Applicant: Mathias Mfumya; Applicant: Tausi H. Raj Abu; Applicant: Frank Onesmo Ngarama; Applicant: Julius Ainamen Mchau; Applicant: Alex Kisima; Applicant: Geradi Biyaka; Applicant: Nasra Ramadhani Kiponza; Applicant: Deo Philip Temba; Applicant: Pantaleo P. Mbena; Applicant: Reuben Jackson Chaula; Applicant: Edmund Gratian; Applicant: Mwafitina Ponza; Applicant: Jeremia Mrema; Applicant: Abeli Twaza; Applicant: Khalidi Maulid Hintay; Respondent: Christopher Nyirabu; Respondent: Flumence Leodgar Lupindu; Respondent: Alex Lupindu; Respondent: Hamis a.k.a Hamis Bonge
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
29 June 2018
Procedural Posture
Miscellaneous Land Application / Ruling on Preliminary Objections
Outcome
Application dismissed as time barred
Legal Topics
Limitation of Actions, Stay of Execution, Ex Parte Decree, Preliminary Objection
Source Language
English
Civil Procedure Land Law Limitation of Actions Stay of Execution Ex Parte Decree Preliminary Objection

Case Brief

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Parties

Mathias Mfumya

Applicant

Tausi H. Raj Abu

Applicant

Frank Onesmo Ngarama

Applicant

Julius Ainamen Mchau

Applicant

Alex Kisima

Applicant

Geradi Biyaka

Applicant

Nasra Ramadhani Kiponza

Applicant

Deo Philip Temba

Applicant

Pantaleo P. Mbena

Applicant

Reuben Jackson Chaula

Applicant

Edmund Gratian

Applicant

Mwafitina Ponza

Applicant

Jeremia Mrema

Applicant

Abeli Twaza

Applicant

Khalidi Maulid Hintay

Applicant

Christopher Nyirabu

Respondent

Flumence Leodgar Lupindu

Respondent

Alex Lupindu

Respondent

Hamis a.k.a Hamis Bonge

Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the application for stay of execution is time barred
  2. 2 Whether the deponents were properly authorized to swear affidavits on behalf of other applicants
  3. 3 Whether the application is maintainable by non-parties to the original suit

Ratio Decidendi

The application for stay of execution was filed beyond the prescribed limitation period of sixty days from the date the applicants became aware of the ex parte decree. No order for extension of time was obtained. Therefore, the application is time barred and must be dismissed.

Court Disposition

Application dismissed as time barred

Orders

  • Application dismissed under Section 3(1) of Cap. 89
  • 1st Respondent awarded costs