national microfinance bank plc others vs oddo odilo mbunda 2014 tzhc 2391 3 april 2014
No sufficient cause was shown for delay; stay of execution cannot be granted without a pending appeal; application dismissed.
- Citation
- national microfinance bank plc others vs oddo odilo mbunda 2014 tzhc 2391 3 april 2014
- Parties
- Applicant: National Microfinance Bank PLC and 2 Others; Respondent: Oddo Odilo Mbunda
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 3 April 2014
- Procedural Posture
- Miscellaneous Civil Application / Ruling on Application for Extension of Time and Stay of Execution
- Outcome
- application dismissed with costs
- Legal Topics
- Extension of Time, Stay of Execution, Jurisdiction, Law of Limitation
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Full judgment text Downloadable case file Legal principles 5 Authorities cited 14 Party arguments 2
Parties
National Microfinance Bank PLC and 2 Others
Applicant
Oddo Odilo Mbunda
Respondent
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Extension of Time and Stay of Execution
Legal Issues
- 1 Whether sufficient cause was shown for extension of time to file appeal
- 2 Whether stay of execution can be granted without a pending appeal
- 3 Whether trial court had jurisdiction
Ratio Decidendi
No sufficient cause was shown for delay; stay of execution cannot be granted without a pending appeal; application dismissed.
Court Disposition
application dismissed with costs
Orders
- application dismissed
- costs awarded to respondent
Full Case Text
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