20130327 TZHC Dar es Salaam

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

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 10 Party arguments 2
Sign in to unlock

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

  1. 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