Moivaro Investment

The applicant, having participated in the execution proceedings and filed an affidavit to show cause as to why execution should not be carried out, was aware of the application for execution from at least 12th September, 2024. Therefore, the application for stay of execution filed on 30th October, 2024 was out of time and must be struck out.

Citation: Moivaro Investment
Parties: Applicant: Moivaro Investment; 1st Respondent: Elisha James Mang'ombe; 2nd Respondent: Nyangi Marere Gauregi
Court: TANZLII
Jurisdiction: Tanzania
Judgment Date: 18 June 2024
Procedural Posture: Civil Application / Ruling on Application for Stay of Execution and Preliminary Objection
Outcome: Application struck out as time-barred
Legal Topics: Stay of Execution, Limitation of Actions, Court of Appeal Rules
Source Language: English

Civil Procedure Stay of Execution Limitation of Actions Court of Appeal Rules

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Parties

Moivaro Investment

Applicant

Elisha James Mang'ombe

1st Respondent

Nyangi Marere Gauregi

2nd Respondent

Procedural Posture

Civil Application / Ruling on Application for Stay of Execution and Preliminary Objection

Legal Issues

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 Whether the applicant was aware of the execution proceedings prior to formal service

Moivaro Investment

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