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
Case Brief
Summary, issues, holding and outcome
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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
Legal Issues
- 1 Whether the High Court has jurisdiction to stay execution when notice of appeal is lodged to the Court of Appeal
- 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
Full Case Text
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