20131221 TZCA Dar es Salaam

20131221 TZCA Dar es Salaam

The Court of Appeal was not properly moved because the application for stay of execution was based on an order of the High Court that is not appealable under Order XL of the Civil Procedure Code; therefore, the application is incompetent.

Citation
20131221 TZCA Dar es Salaam
Parties
Applicant: Tito Shumo & 49 Others; Respondent: Kiteto District Council
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
21 December 2013
Procedural Posture
Civil Application for Stay of Execution / Ruling on Preliminary Objection
Outcome
Application struck out with costs
Legal Topics
Stay of Execution, Appealability of Orders, Jurisdiction, Preliminary Objection
Source Language
English
Civil Procedure Appellate Practice Stay of Execution Appealability of Orders Jurisdiction Preliminary Objection

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Parties

Tito Shumo & 49 Others

Applicant

Kiteto District Council

Respondent

Procedural Posture

Civil Application for Stay of Execution / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the Court of Appeal was properly moved to entertain an application for stay of execution based on an unappealable order
  2. 2 Whether the application was overtaken by events and thus an abuse of court process
  3. 3 Whether late filing of written submissions rendered the application incompetent

Ratio Decidendi

The Court of Appeal was not properly moved because the application for stay of execution was based on an order of the High Court that is not appealable under Order XL of the Civil Procedure Code; therefore, the application is incompetent.

Court Disposition

Application struck out with costs

Orders

  • The application is struck out as incompetent.
  • Costs awarded to the respondent.