said himid mwilima vs tabora regional trading coltd 1997 tzca 86 23 may 1997

said himid mwilima vs tabora regional trading coltd 1997 tzca 86 23 may 1997

A stay of execution cannot be granted where there is no operative appeal pending, as leave to appeal has not been obtained and the time for seeking such leave has expired.

Citation
said himid mwilima vs tabora regional trading coltd 1997 tzca 86 23 may 1997
Parties
Applicant: Said Himid Mwilima; Respondent: Tabora Regional Trading Co.
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
23 May 1997
Procedural Posture
Civil Application / Application for Stay of Execution Pending Appeal
Outcome
Application dismissed
Legal Topics
Stay of Execution, Leave to Appeal, Ex Parte Proceedings
Source Language
English
Civil Procedure Stay of Execution Leave to Appeal Ex Parte Proceedings

Case Brief

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Parties

Said Himid Mwilima

Applicant

Tabora Regional Trading Co.

Respondent

Procedural Posture

Civil Application / Application for Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether a stay of execution can be granted when leave to appeal has not been obtained and the time for seeking such leave has expired.

Ratio Decidendi

A stay of execution cannot be granted where there is no operative appeal pending, as leave to appeal has not been obtained and the time for seeking such leave has expired.

Court Disposition

Application dismissed

Orders

  • No order as to costs as the order is ex-parte