20061020 TZCA Dar es Salaam 1

20061020 TZCA Dar es Salaam 1

The application for stay of execution cannot be entertained in the absence of a valid notice of appeal that substantially conforms to the prescribed form; the defective notice is struck out and the application is incompetent.

Citation
20061020 TZCA Dar es Salaam 1
Parties
Applicant: Quality Group Limited; Respondent: Peter Masau
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
20 October 2006
Procedural Posture
Civil Application / Application for Stay of Execution; Preliminary Objection
Outcome
application struck out
Legal Topics
Stay of Execution, Notice of Appeal, Procedural Defects
Source Language
English
Civil Procedure Stay of Execution Notice of Appeal Procedural Defects

Case Brief

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Parties

Quality Group Limited

Applicant

Peter Masau

Respondent

Procedural Posture

Civil Application / Application for Stay of Execution; Preliminary Objection

Legal Issues

  1. 1 Whether a defective notice of appeal can support an application for stay of execution
  2. 2 Whether the application for stay of execution is competent in the absence of a valid notice of appeal

Ratio Decidendi

The application for stay of execution cannot be entertained in the absence of a valid notice of appeal that substantially conforms to the prescribed form; the defective notice is struck out and the application is incompetent.

Court Disposition

application struck out

Orders

  • Notice of appeal dated 9/6/2006 and lodged on 12/6/2006 struck out
  • Application for stay of execution struck out