20040909 TZCA Dar es Salaam

20040909 TZCA Dar es Salaam

The application was incompetent because it was not accompanied by the order sought to be stayed, and there was no evidence to support the applicant's claim that the order was attached.

Citation
20040909 TZCA Dar es Salaam
Parties
Applicant: Tanzania Parking System Ltd; Respondent: Patrick Mrope; Respondent: Unnamed Respondent 2; Respondent: Unnamed Respondent 3; Respondent: Unnamed Respondent 4; Respondent: Unnamed Respondent 5
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
9 September 2004
Procedural Posture
Civil Application / Application for Stay of Execution Pending Appeal
Outcome
Application struck out with costs
Legal Topics
Stay of Execution, Procedural Requirements, Attachment of Order to Application, Incompetent Application
Source Language
English
Civil Procedure Stay of Execution Procedural Requirements Attachment of Order to Application Incompetent Application

Case Brief

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Parties

Tanzania Parking System Ltd

Applicant

Patrick Mrope

Respondent

Unnamed Respondent 2

Respondent

Unnamed Respondent 3

Respondent

Unnamed Respondent 4

Respondent

Unnamed Respondent 5

Respondent

Procedural Posture

Civil Application / Application for Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether failure to attach the order sought to be stayed renders the application incompetent
  2. 2 Whether the court should grant an adjournment to rectify the omission

Ratio Decidendi

The application was incompetent because it was not accompanied by the order sought to be stayed, and there was no evidence to support the applicant's claim that the order was attached.

Court Disposition

Application struck out with costs

Orders

  • Application struck out
  • Applicant to pay costs