wankira bethel mbise and another vs kaiku foya 1998 tzca 16 30 september 1998

An application for stay of execution cannot be entertained where leave to appeal has not been obtained in matters originating from the Resident Magistrate's Court.

Source-derived case information.

Citation: wankira bethel mbise and another vs kaiku foya 1998 tzca 16 30 september 1998
Parties: Applicant: Wankira Bethusl Mbise; Applicant: National Housing Corporation; Respondent: Kaiku Foya
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 30 September 1998
Procedural Posture: Civil Application / Application for Stay of Execution
Outcome: application struck out
Legal Topics: Stay of Execution, Leave to Appeal, Preliminary Objection
Source Language: english

Civil Procedure Stay of Execution Leave to Appeal Preliminary Objection

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Summary, issues, holding and outcome

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Full judgment text Downloadable case file Legal principles 1 Authorities cited 3 Party arguments 2

Parties

Wankira Bethusl Mbise

Applicant

National Housing Corporation

Applicant

Kaiku Foya

Respondent

Procedural Posture

Civil Application / Application for Stay of Execution

Legal Issues

1 Whether an application for stay of execution is maintainable without leave to appeal where the matter originated from the Resident Magistrate's Court.

Ratio Decidendi

An application for stay of execution cannot be entertained where leave to appeal has not been obtained in matters originating from the Resident Magistrate's Court.

Court Disposition

application struck out

Orders

Application for stay of execution is struck out as not properly before the Court.
Costs to follow the event.

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