mtakuja kondo others vs wendo maliki 2013 tzca 354 29 july 2013

mtakuja kondo others vs wendo maliki 2013 tzca 354 29 july 2013

The application was dismissed because it was filed beyond the prescribed sixty-day limitation period, did not state grounds in the notice of motion, failed to furnish security as required, and the subject property had already been sold, rendering the application purposeless.

Citation
mtakuja kondo others vs wendo maliki 2013 tzca 354 29 july 2013
Parties
Applicant: Mtakuja Kondo; Applicant: Mwangaza Kondo; Applicant: Mustafa Kondo; Applicant: Lwinde Kondo; Respondent: Wendo Maliki
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
29 July 2013
Procedural Posture
Civil Application / Application for Stay of Execution Pending Appeal
Outcome
application dismissed with costs
Legal Topics
Stay of Execution, Limitation Period, Probate and Administration, Security for Stay, Consent Order, Sale of Property
Source Language
English
Civil Procedure Succession Law Stay of Execution Limitation Period Probate and Administration Security for Stay Consent Order Sale of Property

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Parties

Mtakuja Kondo

Applicant

Mwangaza Kondo

Applicant

Mustafa Kondo

Applicant

Lwinde Kondo

Applicant

Wendo Maliki

Respondent

Procedural Posture

Civil Application / Application for Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether the applicants satisfied the conditions for grant of stay of execution under Rule 11(2) of the Court of Appeal Rules, 2009
  2. 2 Whether the application was filed within the prescribed limitation period
  3. 3 Whether the applicants furnished security as required by the Rules

Ratio Decidendi

The application was dismissed because it was filed beyond the prescribed sixty-day limitation period, did not state grounds in the notice of motion, failed to furnish security as required, and the subject property had already been sold, rendering the application purposeless.

Court Disposition

application dismissed with costs

Orders

  • application for stay of execution dismissed
  • costs awarded to respondent