yaledi swai and another vs lilian maro and another 1995 tzca 35 3 july 1995

yaledi swai and another vs lilian maro and another 1995 tzca 35 3 july 1995

There was no executable order in the High Court's refusal to extend time, so no stay of execution could be granted.

Citation
yaledi swai and another vs lilian maro and another 1995 tzca 35 3 july 1995
Parties
Applicant: Yaledi Swai; Applicant: John Swai; Respondent: Lilian Maro; Respondent: Olimpia Maina
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
3 July 1995
Procedural Posture
Civil Reference / Reference From Single Judge's Ruling Refusing Stay of Execution Pending Appeal
Outcome
Reference refused with costs
Legal Topics
Stay of Execution, Extension of Time, Revocation of Grant
Source Language
English
Civil Procedure Probate and Administration Stay of Execution Extension of Time Revocation of Grant

Case Brief

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Parties

Yaledi Swai

Applicant

John Swai

Applicant

Lilian Maro

Respondent

Olimpia Maina

Respondent

Procedural Posture

Civil Reference / Reference From Single Judge's Ruling Refusing Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether a stay of execution can be granted when the order appealed from is a refusal to extend time to apply for revocation of grant

Ratio Decidendi

There was no executable order in the High Court's refusal to extend time, so no stay of execution could be granted.

Court Disposition

Reference refused with costs