20131129 TZCA Arusha

20131129 TZCA Arusha

The application for stay of execution is incompetent because it was not accompanied by a valid notice of appeal; the notice referred to an incorrect case number and failed to identify the decision being appealed against as required by the rules.

Citation
20131129 TZCA Arusha
Parties
Applicant: M/S Benandy's Company Ltd; Respondent: Balozi Abubakar Ibrahim; Respondent: Bibi Sophia Ibrahim
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
29 November 2013
Procedural Posture
Civil Application / Ruling on Preliminary Objection Regarding Application for Stay of Execution
Outcome
application struck out with costs
Legal Topics
Stay of Execution, Notice of Appeal, Case Identification, Procedural Compliance
Source Language
English
Civil Procedure Stay of Execution Notice of Appeal Case Identification Procedural Compliance

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Parties

M/S Benandy's Company Ltd

Applicant

Balozi Abubakar Ibrahim

Respondent

Bibi Sophia Ibrahim

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the application for stay of execution is maintainable when the notice of appeal refers to an incorrect case number
  2. 2 Whether omission of the correct case identity in the notice of appeal is fatal to the application

Ratio Decidendi

The application for stay of execution is incompetent because it was not accompanied by a valid notice of appeal; the notice referred to an incorrect case number and failed to identify the decision being appealed against as required by the rules.

Court Disposition

application struck out with costs

Orders

  • The application for stay of execution is struck out with costs.