20130327 TZHC Dar es Salaam
The High Court lacks jurisdiction to entertain an application for stay of execution once a Notice of Appeal has been filed to the Court of Appeal; such applications must be made to the Court of Appeal.
- Citation
- 20130327 TZHC Dar es Salaam
- Parties
- Applicant: Ramadhani Mriri; Applicant: Han Dania Hezron Amano; Applicant: Wenceslaus A. Kwari; Respondent: Mbata Gari Ouno
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 27 March 2013
- Procedural Posture
- Land Case Revision / Ruling on Preliminary Objection to Application for Stay of Execution
- Outcome
- Application struck out for want of jurisdiction
- Legal Topics
- Stay of Execution, Jurisdiction After Notice of Appeal, Appellate Procedure
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Ramadhani Mriri
Applicant
Han Dania Hezron Amano
Applicant
Wenceslaus A. Kwari
Applicant
Mbata Gari Ouno
Respondent
Procedural Posture
Land Case Revision / Ruling on Preliminary Objection to Application for Stay of Execution
Legal Issues
- 1 Whether the High Court has jurisdiction to entertain an application for stay of execution after a Notice of Appeal has been filed to the Court of Appeal
Ratio Decidendi
The High Court lacks jurisdiction to entertain an application for stay of execution once a Notice of Appeal has been filed to the Court of Appeal; such applications must be made to the Court of Appeal.
Court Disposition
Application struck out for want of jurisdiction
Orders
- Application for stay of execution is struck out with costs
Full Case Text
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