20000419 TZHC Dar es Salaam

Delay was caused by failure of court to serve notice of judgment to applicant's counsel, which is an acceptable explanation; extension of time is granted. Stay of execution cannot be granted as execution has already been finalized and the bona fide purchaser is in possession.

Citation: 20000419 TZHC Dar es Salaam
Parties: Applicant: Saitma; Respondent: Kondo Selemani; Respondent: Nuwia Selemani
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 19 April 2000
Procedural Posture: PC Civil Appeal / Ruling on Application for Extension of Time and Stay of Execution
Outcome: Extension of time granted; stay of execution refused; preliminary objections overruled; no order as to costs.
Legal Topics: Extension of Time, Stay of Execution, Notice of Judgment, Affidavit Requirements
Source Language: English

Civil Procedure Extension of Time Stay of Execution Notice of Judgment Affidavit Requirements

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Parties

Saitma

Applicant

Kondo Selemani

Respondent

Nuwia Selemani

Respondent

Procedural Posture

PC Civil Appeal / Ruling on Application for Extension of Time and Stay of Execution

Legal Issues

1 Whether extension of time should be granted for filing appeal, notice of appeal, and certificate on point of law
2 Whether stay of execution can be granted
3 Whether multiple orders can be sought in one application supported by a single affidavit

Ratio Decidendi

Court Disposition

Extension of time granted; stay of execution refused; preliminary objections overruled; no order as to costs.

Orders

Extension of time for filing application for leave to appeal, notice of appeal, and certificate on point of law granted.
Stay of execution refused.