20150513 TZCA Dar es Salaam

20150513 TZCA Dar es Salaam

The application is incompetent because the Notice of Appeal, a mandatory prerequisite for a stay of execution, was not attached or made apparent on the face of the application, and mere averment in an affidavit is insufficient.

Citation
20150513 TZCA Dar es Salaam
Parties
Applicant: Robert Sheltens and another; Respondent: Baldev Norataram Varma and two others
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
13 May 2015
Procedural Posture
Civil Application / Application for Stay of Execution Before Court of Appeal
Outcome
Application struck out as incompetent for want of Notice of Appeal.
Legal Topics
Stay of Execution, Notice of Appeal, Appellate Procedure, Court of Appeal Rules
Source Language
English
Civil Procedure Stay of Execution Notice of Appeal Appellate Procedure Court of Appeal Rules

Case Brief

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Parties

Robert Sheltens and another

Applicant

Baldev Norataram Varma and two others

Respondent

Procedural Posture

Civil Application / Application for Stay of Execution Before Court of Appeal

Legal Issues

  1. 1 Whether the application for stay of execution is competent without a Notice of Appeal being lodged and attached

Ratio Decidendi

The application is incompetent because the Notice of Appeal, a mandatory prerequisite for a stay of execution, was not attached or made apparent on the face of the application, and mere averment in an affidavit is insufficient.

Court Disposition

Application struck out as incompetent for want of Notice of Appeal.

Orders

  • Application struck out
  • No order as to costs