20070731 TZCA Dar es Salaam 1

20070731 TZCA Dar es Salaam 1

There is no statutory or case law fixing a rigid sixty-day time limit for applications for stay of execution or for orders incidental to execution in the Court of Appeal; applications must be made within reasonable time, and the present application is not time barred.

Citation
20070731 TZCA Dar es Salaam 1
Parties
Applicant: S & C Ginning Company Ltd; Respondents: National Insurance Corporation of (T) and Another
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
31 July 2007
Procedural Posture
Civil Application / Ruling on Preliminary Objection
Outcome
Preliminary objection dismissed
Legal Topics
Stay of Execution, Time Limitation, Deposit of Decretal Amount, Preliminary Objection
Source Language
English
Civil Procedure Appellate Practice Stay of Execution Time Limitation Deposit of Decretal Amount Preliminary Objection

Case Brief

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Parties

S & C Ginning Company Ltd

Applicant

National Insurance Corporation of (T) and Another

Respondents

Procedural Posture

Civil Application / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the application is time barred
  2. 2 Whether there is a fixed time limit for applications for stay of execution or related incidental orders

Ratio Decidendi

There is no statutory or case law fixing a rigid sixty-day time limit for applications for stay of execution or for orders incidental to execution in the Court of Appeal; applications must be made within reasonable time, and the present application is not time barred.

Court Disposition

Preliminary objection dismissed

Orders

  • Costs in the preliminary objection to be costs in the cause