siwema hamis ali vs kaisi hamis suing as an administrator of the estate of the late hamis ali and another 2021 tzhclandd 6789 15 november 2021

siwema hamis ali vs kaisi hamis suing as an administrator of the estate of the late hamis ali and another 2021 tzhclandd 6789 15 november 2021

The applicant was not a party to the original suit, the prior execution, or the current execution proceedings, and therefore lacks locus standi to seek stay of execution. The application is dismissed for want of merit.

Citation
siwema hamis ali vs kaisi hamis suing as an administrator of the estate of the late hamis ali and another 2021 tzhclandd 6789 15 november 2021
Parties
Applicant: Siwema Hamis Ali; 1st Respondent: Kaisi Hamis [Suing as Administrator of the Estate of the Late Hamis Ali]; 2nd Respondent: Zaituni Hamisi Ali
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
15 November 2021
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Stay of Execution
Outcome
Application dismissed with costs.
Legal Topics
Stay of Execution, Locus Standi, Execution of Decree
Source Language
English
Civil Procedure Land Law Stay of Execution Locus Standi Execution of Decree

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Parties

Siwema Hamis Ali

Applicant

Kaisi Hamis [Suing as Administrator of the Estate of the Late Hamis Ali]

1st Respondent

Zaituni Hamisi Ali

2nd Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application for Stay of Execution

Legal Issues

  1. 1 Whether the applicant has locus standi to seek stay of execution in Execution No. 22 of 2021
  2. 2 Whether the application for stay of execution has merit

Ratio Decidendi

The applicant was not a party to the original suit, the prior execution, or the current execution proceedings, and therefore lacks locus standi to seek stay of execution. The application is dismissed for want of merit.

Court Disposition

Application dismissed with costs.

Orders

  • Application dismissed with costs