20070223 TZCA Mwanza1
The application for stay of execution is incompetent because it is based on a notice of intention to appeal against an interlocutory order that does not finally determine the suit, which is not permitted under the Appellate Jurisdiction Act.
- Citation
- 20070223 TZCA Mwanza1
- Parties
- Applicant: Thereza Paulo; Respondent: John Petro Nyanda
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 23 February 2007
- Procedural Posture
- Civil Application for Stay of Execution / Ruling on Preliminary Objection
- Outcome
- Application struck out as incompetent
- Legal Topics
- Stay of Execution, Interlocutory Orders, Appellate Jurisdiction, Letters of Administration
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Thereza Paulo
Applicant
John Petro Nyanda
Respondent
Procedural Posture
Civil Application for Stay of Execution / Ruling on Preliminary Objection
Legal Issues
- 1 Whether a stay of execution can be granted where the underlying High Court order is interlocutory and does not finally determine the suit
- 2 Whether the notice of intention to appeal is valid in respect of an interlocutory order
Ratio Decidendi
The application for stay of execution is incompetent because it is based on a notice of intention to appeal against an interlocutory order that does not finally determine the suit, which is not permitted under the Appellate Jurisdiction Act.
Court Disposition
Application struck out as incompetent
Orders
- Application for stay of execution struck out
- No order as to costs; each party to bear their own costs
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