20110630 TZCA Tabora

20110630 TZCA Tabora

Although written submissions were filed out of time without leave, the Court exercised its discretion under Rule 4(2)(b) and sub-rules (9) and (19) of Rule 106 to allow the application to proceed in the interests of justice. The applicants demonstrated good cause for stay of execution as they would suffer irreparable loss if evicted before the appeal is determined, while the respondent would not suffer prejudice by waiting.

Citation
20110630 TZCA Tabora
Parties
Applicants: Kanializa Kamonga Kayaga and Others; Respondent: The Attorney General
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
30 June 2011
Procedural Posture
Civil Application / Ruling on Application for Stay of Execution and Preliminary Objection
Outcome
preliminary objection dismissed; application for stay of execution granted with costs
Legal Topics
Stay of Execution, Preliminary Objection, Written Submissions, Land Eviction
Source Language
English
Civil Procedure Land Law Stay of Execution Preliminary Objection Written Submissions Land Eviction

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Parties

Kanializa Kamonga Kayaga and Others

Applicants

The Attorney General

Respondent

Procedural Posture

Civil Application / Ruling on Application for Stay of Execution and Preliminary Objection

Legal Issues

  1. 1 Whether failure to file written submissions within time under Rule 106(1) is fatal to the application
  2. 2 Whether the applicants have shown good cause for stay of execution

Ratio Decidendi

Although written submissions were filed out of time without leave, the Court exercised its discretion under Rule 4(2)(b) and sub-rules (9) and (19) of Rule 106 to allow the application to proceed in the interests of justice. The applicants demonstrated good cause for stay of execution as they would suffer irreparable loss if evicted before the appeal is determined, while the respondent would not suffer prejudice by waiting.

Court Disposition

preliminary objection dismissed; application for stay of execution granted with costs

Orders

  • Preliminary objection dismissed
  • Application for stay of execution granted