CIV

CIV

The application for stay of execution was filed out of time because the applicant was made aware of the execution proceedings on 14/03/2024, and the 14-day limitation period started to run from that date, not from the later service by the court broker. The application is therefore time-barred and must be dismissed.

Citation
CIV
Parties
Applicant: Michael Martin Kabengwe; 1st Respondent: Farida Yusuf Omari; 2nd Respondent: Dennesto Company Limited
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2024
Procedural Posture
Civil Application / Ruling on Preliminary Objection Regarding Stay of Execution
Outcome
Application dismissed with costs
Legal Topics
Stay of Execution, Time Limitation, Execution of Decrees
Source Language
English
Civil Procedure Land Law Stay of Execution Time Limitation Execution of Decrees

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Parties

Michael Martin Kabengwe

Applicant

Farida Yusuf Omari

1st Respondent

Dennesto Company Limited

2nd Respondent

Procedural Posture

Civil Application / Ruling on Preliminary Objection Regarding Stay of Execution

Legal Issues

  1. 1 Whether the application for stay of execution was filed within the prescribed time under rule 11(4) of the Tanzania Court of Appeal Rules, 2009
  2. 2 Interpretation of 'executing officer' and the reckoning point for limitation period

Ratio Decidendi

The application for stay of execution was filed out of time because the applicant was made aware of the execution proceedings on 14/03/2024, and the 14-day limitation period started to run from that date, not from the later service by the court broker. The application is therefore time-barred and must be dismissed.

Court Disposition

Application dismissed with costs

Orders

  • Application for stay of execution dismissed as time-barred
  • Applicant to pay costs