nurdin mohamed chingo vs salum said mtiwe another 2022 tzca 519 25 august 2022

nurdin mohamed chingo vs salum said mtiwe another 2022 tzca 519 25 august 2022

The application for stay of execution has not been overtaken by events because the ex parte order of stay remains effective and the applicant is actively seeking remedies through a revision application; therefore, adjournment is justified.

Citation
nurdin mohamed chingo vs salum said mtiwe another 2022 tzca 519 25 august 2022
Parties
Applicant: Nurdin Mohamed Chingo; 1st Respondent: Salum Said Mtiwe; 2nd Respondent: Hadija Said Mtiwe
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
25 August 2022
Procedural Posture
Civil Application / Application for Stay of Execution Pending Appeal
Outcome
Adjourned
Legal Topics
Stay of Execution, Appeal, Execution of Decree, Status Quo Orders
Source Language
English
Civil Procedure Stay of Execution Appeal Execution of Decree Status Quo Orders

Case Brief

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Parties

Nurdin Mohamed Chingo

Applicant

Salum Said Mtiwe

1st Respondent

Hadija Said Mtiwe

2nd Respondent

Procedural Posture

Civil Application / Application for Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether the application for stay of execution has been overtaken by events due to execution of the decree
  2. 2 Whether adjournment should be granted pending determination of a related revision application

Ratio Decidendi

The application for stay of execution has not been overtaken by events because the ex parte order of stay remains effective and the applicant is actively seeking remedies through a revision application; therefore, adjournment is justified.

Court Disposition

Adjourned

Orders

  • Hearing of the application is adjourned to the next convenient session as fixed by the Registrar, subject to determination of the pending revision application.
  • No order as to costs.