joseph kmlay vs ahmed mohamed 2 1995 tzca 58 2 october 1995

joseph kmlay vs ahmed mohamed 2 1995 tzca 58 2 october 1995

The application to strike out the notice of appeal was dismissed as the applicant had not been served with the notice and thus could not invoke Rule 82. The application for stay of execution was granted as the applicant demonstrated he would suffer substantial and irreparable loss if execution proceeded before the appeal was determined.

Citation
joseph kmlay vs ahmed mohamed 2 1995 tzca 58 2 october 1995
Parties
Applicant/respondent: Joseph K. Mlay; Respondent/applicant: Ahmed Mohamed
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
2 October 1995
Procedural Posture
Civil Application / Ruling on Applications for Stay of Execution and Striking Out Notice of Appeal
Outcome
Application to strike out notice of appeal dismissed; application for stay of execution granted.
Legal Topics
Stay of Execution, Notice of Appeal, Service of Process, Discretionary Powers of Court
Source Language
English
Civil Procedure Stay of Execution Notice of Appeal Service of Process Discretionary Powers of Court

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Parties

Joseph K. Mlay

Applicant/respondent

Ahmed Mohamed

Respondent/applicant

Procedural Posture

Civil Application / Ruling on Applications for Stay of Execution and Striking Out Notice of Appeal

Legal Issues

  1. 1 Whether the notice of appeal should be struck out for failure to serve the respondent as required by court rules
  2. 2 Whether stay of execution should be granted pending determination of the intended appeal

Ratio Decidendi

The application to strike out the notice of appeal was dismissed as the applicant had not been served with the notice and thus could not invoke Rule 82. The application for stay of execution was granted as the applicant demonstrated he would suffer substantial and irreparable loss if execution proceeded before the appeal was determined.

Court Disposition

Application to strike out notice of appeal dismissed; application for stay of execution granted.

Orders

  • Application No. 42 of 1995 dismissed with costs to respondent.
  • Execution of decree in High Court (DC) Civil Appeal No. 32 of 1993 stayed pending determination of intended appeal.