national microfinance bank vs japhet machumu 2022 tzca 305 25 may 2022
The application for stay of execution is incompetent because the notice of appeal was struck out, leaving no pending appeal; mandatory documents for stay were not satisfied.
- Citation
- national microfinance bank vs japhet machumu 2022 tzca 305 25 may 2022
- Parties
- Applicant: National Microfinance Bank; Respondent: Japhet Machumu
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 25 May 2022
- Procedural Posture
- Civil Application / Ruling on Application for Stay of Execution
- Outcome
- application struck out
- Legal Topics
- Stay of Execution, Appeal Procedure, Review Application
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2
Parties
National Microfinance Bank
Applicant
Japhet Machumu
Respondent
Procedural Posture
Civil Application / Ruling on Application for Stay of Execution
Legal Issues
- 1 Whether the application for stay of execution is competent without a pending appeal
- 2 Whether the Court can adjourn the hearing pending determination of a review application
Ratio Decidendi
The application for stay of execution is incompetent because the notice of appeal was struck out, leaving no pending appeal; mandatory documents for stay were not satisfied.
Court Disposition
application struck out
Orders
- application struck out with no order as to costs
Full Case Text
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