CIVIL APPLICATION NO 22 16 OF 2024 NURAN DEVELOPERS LIMITED VS POSHH DESIGNS LIMITED

CIVIL APPLICATION NO 22 16 OF 2024 NURAN DEVELOPERS LIMITED VS POSHH DESIGNS LIMITED

The application for stay of execution is not maintainable as no notice of appeal was lodged against the order sought to be executed, violating rule 11(3) and 11(7) of the Tanzania Court of Appeal Rules.

Citation
CIVIL APPLICATION NO 22 16 OF 2024 NURAN DEVELOPERS LIMITED VS POSHH DESIGNS LIMITED
Parties
Applicant: Nuran Developers Limited; Respondent: Poshh Designs Limited
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2024
Procedural Posture
Civil Application / Ruling on Preliminary Objection Regarding Stay of Execution
Outcome
Application struck out as not maintainable
Legal Topics
Stay of Execution, Notice of Appeal, Costs, Jurisdiction
Source Language
English
Civil Procedure Stay of Execution Notice of Appeal Costs Jurisdiction

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Parties

Nuran Developers Limited

Applicant

Poshh Designs Limited

Respondent

Procedural Posture

Civil Application / Ruling on Preliminary Objection Regarding Stay of Execution

Legal Issues

  1. 1 Whether the application for stay of execution is maintainable without a notice of appeal against the order sought to be executed

Ratio Decidendi

The application for stay of execution is not maintainable as no notice of appeal was lodged against the order sought to be executed, violating rule 11(3) and 11(7) of the Tanzania Court of Appeal Rules.

Court Disposition

Application struck out as not maintainable

Orders

  • Respondent awarded costs