19871112 TZHC Dar es Salaam

19871112 TZHC Dar es Salaam

The application for stay of execution should have been brought under the Civil Procedure Code, not the Judicature and Application of Laws Ordinance, because the Civil Procedure Code specifically governs such matters before the district and High Court. The application is therefore incompetent.

Citation
19871112 TZHC Dar es Salaam
Parties
Applicant: Solomon O. Nkya; Respondent: Grace Gladys Nkya
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
12 November 1987
Procedural Posture
Miscellaneous Civil Cause / Ruling on Preliminary Objection
Outcome
Application dismissed as incompetent with costs.
Legal Topics
Stay of Execution, Jurisdiction, Appeals From Primary Court, Application of Civil Procedure Code
Source Language
English
Civil Procedure Family Law Stay of Execution Jurisdiction Appeals From Primary Court Application of Civil Procedure Code

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Parties

Solomon O. Nkya

Applicant

Grace Gladys Nkya

Respondent

Procedural Posture

Miscellaneous Civil Cause / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether an application for stay of execution from a district court judgment confirming a primary court decision should be brought under the Judicature and Application of Laws Ordinance or the Civil Procedure Code
  2. 2 Whether the district court has power to stay execution of a primary court decree under the Magistrates' Courts Act

Ratio Decidendi

The application for stay of execution should have been brought under the Civil Procedure Code, not the Judicature and Application of Laws Ordinance, because the Civil Procedure Code specifically governs such matters before the district and High Court. The application is therefore incompetent.

Court Disposition

Application dismissed as incompetent with costs.

Orders

  • Application dismissed with costs.