19940819 TZHC Dar es Salaam

The application for withdrawal of the appeal is granted as procedural delays prevented timely filing of the main appeal, and maintenance cannot be ordered when a stay of execution is already in force.

Citation: 19940819 TZHC Dar es Salaam
Parties: Appellant: Mr. Nuganda; Respondent: Dr. Lamwai
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 19 August 1994
Procedural Posture: Civil Appeal / Ruling on Application for Withdrawal of Appeal
Outcome: Application for withdrawal of appeal granted; oral application for maintenance dismissed.
Legal Topics: Divorce, Maintenance, Stay of Execution, Appeal Withdrawal
Source Language: English

Family Law Civil Procedure Divorce Maintenance Stay of Execution Appeal Withdrawal

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Parties

Mr. Nuganda

Appellant

Dr. Lamwai

Respondent

Procedural Posture

Civil Appeal / Ruling on Application for Withdrawal of Appeal

Legal Issues

1 Whether the appeal against the order for execution should be withdrawn
2 Whether maintenance should be granted to the respondent pending appeal

Ratio Decidendi

Court Disposition

Application for withdrawal of appeal granted; oral application for maintenance dismissed.

Orders

Appellant to pay respondent's costs, to be taxed by the Registrar.
District Registrar to supply appellant with necessary copies of proceedings, judgment, and decree.