Walangi Ginaku 222Edited

Walangi Ginaku 222Edited

The application for stay of execution lacks grounds to stand on as the application for revision has been heard and dismissed; therefore, the application is struck out with costs.

Citation
Walangi Ginaku 222Edited
Parties
Applicant: Walangi Ginaku; 1st Respondent: Gidanyash Gidagwandu; 2nd Respondent: Diamond Credit Recovery Co. Ltd
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
11 December 2024
Procedural Posture
Miscellaneous Land Application / Ruling on Application to Stay Execution Pending Revision
Outcome
Application struck out with costs
Legal Topics
Stay of Execution, Revision Proceedings, Appeals
Source Language
English

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Parties

Walangi Ginaku

Applicant

Gidanyash Gidagwandu

1st Respondent

Diamond Credit Recovery Co. Ltd

2nd Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application to Stay Execution Pending Revision

  1. 1 Whether the High Court has jurisdiction to stay execution when notice of appeal is lodged to the Court of Appeal
  2. 2 Whether grounds exist to grant stay of execution pending revision

Ratio Decidendi

The application for stay of execution lacks grounds to stand on as the application for revision has been heard and dismissed; therefore, the application is struck out with costs.

Court Disposition

Application struck out with costs

Orders

  • Application for stay of execution struck out
  • Applicant to pay costs