20020430 TZCA Dar es Salaam 2

20020430 TZCA Dar es Salaam 2

The application for leave to appeal was time-barred as the Law of Limitation Act, 1971 does not apply to the Court of Appeal and the application was not filed within the prescribed period under the Court's Rules. No sufficient grounds were shown for stay of execution as the allegations of irreparable loss and inability of the respondent to refund the decretal amount were unsubstantiated.

Citation
20020430 TZCA Dar es Salaam 2
Parties
Applicant: WETCU Limited; Respondent: Michael Junga
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
30 April 2002
Procedural Posture
Civil Reference / Ruling on Consolidated References From Single Judge Decisions
Outcome
References dismissed with costs
Legal Topics
Leave to Appeal, Stay of Execution, Limitation of Actions, Court of Appeal Rules
Source Language
English
Civil Procedure Appellate Practice Leave to Appeal Stay of Execution Limitation of Actions Court of Appeal Rules

Case Brief

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Parties

WETCU Limited

Applicant

Michael Junga

Respondent

Procedural Posture

Civil Reference / Ruling on Consolidated References From Single Judge Decisions

Legal Issues

  1. 1 Whether the application for leave to appeal was time-barred
  2. 2 Whether the Law of Limitation Act, 1971 applies to proceedings in the Court of Appeal
  3. 3 Whether sufficient grounds were shown for stay of execution

Ratio Decidendi

The application for leave to appeal was time-barred as the Law of Limitation Act, 1971 does not apply to the Court of Appeal and the application was not filed within the prescribed period under the Court's Rules. No sufficient grounds were shown for stay of execution as the allegations of irreparable loss and inability of the respondent to refund the decretal amount were unsubstantiated.

Court Disposition

References dismissed with costs