sera joel kabigi vs andrew francis kabigi 4 others 2023 tzhclandd 16586 22 june 2023

sera joel kabigi vs andrew francis kabigi 4 others 2023 tzhclandd 16586 22 june 2023

The High Court lacks jurisdiction to entertain an application for stay of execution when it is not the executing court; such applications must be filed before the executing tribunal. The application was also rendered baseless as the underlying application for extension of time had already been dismissed.

Citation
sera joel kabigi vs andrew francis kabigi 4 others 2023 tzhclandd 16586 22 june 2023
Parties
Applicant: Sera Joel Kabigi; 1st Respondent: Andrew Francis Kambona; 2nd Respondent: Agnes Kabigi Mkende; 3rd Respondent: Dorica Kabigi; 4th Respondent: Jacob Kabigi; 5th Respondent: Kabango General Business (T) Limited
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
22 June 2023
Procedural Posture
Miscellaneous Land Application / Ruling on Preliminary Objection and Merits
Outcome
Application struck out with costs
Legal Topics
Stay of Execution, Jurisdiction, Execution of Decrees
Source Language
English
Civil Procedure Land Law Stay of Execution Jurisdiction Execution of Decrees

Case Brief

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Parties

Sera Joel Kabigi

Applicant

Andrew Francis Kambona

1st Respondent

Agnes Kabigi Mkende

2nd Respondent

Dorica Kabigi

3rd Respondent

Jacob Kabigi

4th Respondent

Kabango General Business (T) Limited

5th Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Preliminary Objection and Merits

Legal Issues

  1. 1 Whether the High Court has jurisdiction to entertain an application for stay of execution when it is not the executing court
  2. 2 Whether the application for stay of execution is competent before the High Court

Ratio Decidendi

The High Court lacks jurisdiction to entertain an application for stay of execution when it is not the executing court; such applications must be filed before the executing tribunal. The application was also rendered baseless as the underlying application for extension of time had already been dismissed.

Court Disposition

Application struck out with costs

Orders

  • The application is struck out with costs.