MISC

MISC

The application is incompetent due to failure to attach the judgment, decree, or order sought to be stayed, lack of proof of an existing appeal, and absence of execution proceedings or order. The court cannot act upon an application without these essential documents.

Citation
MISC
Parties
Applicant: Sange William Wangoya; 1st Respondent: Jacobo Ndira; 2nd Respondent: Martin Ochora Ndira; 3rd Respondent: Banard Festo Ndira (Administrator of the Estate of Late Anton Ndira Onguka)
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
13 December 2023
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Stay of Execution
Outcome
Application struck out with costs
Legal Topics
Stay of Execution, Appeals, Attachment of Judgment/decree, Execution Proceedings
Source Language
English
Civil Procedure Land Law Stay of Execution Appeals Attachment of Judgment/decree Execution Proceedings

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Parties

Sange William Wangoya

Applicant

Jacobo Ndira

1st Respondent

Martin Ochora Ndira

2nd Respondent

Banard Festo Ndira (Administrator of the Estate of Late Anton Ndira Onguka)

3rd Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application for Stay of Execution

Legal Issues

  1. 1 Whether the application for stay of execution is competent without attaching the judgment, decree, or order sought to be stayed
  2. 2 Whether there is proof of an existing appeal or execution proceedings

Ratio Decidendi

The application is incompetent due to failure to attach the judgment, decree, or order sought to be stayed, lack of proof of an existing appeal, and absence of execution proceedings or order. The court cannot act upon an application without these essential documents.

Court Disposition

Application struck out with costs

Orders

  • Application struck out
  • Costs awarded to respondents