seleman zahoro others vs faisal ahmed abdul 2015 tzca 299 19 february 2015

seleman zahoro others vs faisal ahmed abdul 2015 tzca 299 19 february 2015

The application was incompetent due to failure to attach the decree or order sought to be stayed and non-compliance with mandatory procedural requirements under Rule 11(2) of the Court of Appeal Rules.

Citation
seleman zahoro others vs faisal ahmed abdul 2015 tzca 299 19 february 2015
Parties
Applicant: Seleman Zahoro; Applicant: Mrs Rehema Said; Applicant: Said Ally Yaku; Respondent: Faisal Ahmed Abdul
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
19 February 2015
Procedural Posture
Civil Application / Ruling on Application for Stay of Execution
Outcome
application struck out with costs
Legal Topics
Stay of Execution, Preliminary Objection, Compliance With Procedural Rules
Source Language
English
Civil Procedure Stay of Execution Preliminary Objection Compliance With Procedural Rules

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Parties

Seleman Zahoro

Applicant

Mrs Rehema Said

Applicant

Said Ally Yaku

Applicant

Faisal Ahmed Abdul

Respondent

Procedural Posture

Civil Application / Ruling on Application for Stay of Execution

Legal Issues

  1. 1 Whether the application for stay of execution is competent under the Court of Appeal Rules
  2. 2 Whether mandatory procedural requirements for stay of execution were satisfied

Ratio Decidendi

The application was incompetent due to failure to attach the decree or order sought to be stayed and non-compliance with mandatory procedural requirements under Rule 11(2) of the Court of Appeal Rules.

Court Disposition

application struck out with costs

Orders

  • preliminary objection upheld
  • application for stay of execution struck out with costs