CIVIL APPLCIATION NO 396 01 OF 2024 YONA MTUI VS DANIEL CHAMBIRI ANOTHER

CIVIL APPLCIATION NO 396 01 OF 2024 YONA MTUI VS DANIEL CHAMBIRI ANOTHER

The application for stay of execution fails because the notice of appeal does not relate to the decree sought to be stayed, and the High Court's dismissal order for being res judicata is not executable. There is no decree capable of being stayed under the law.

Citation
CIVIL APPLCIATION NO 396 01 OF 2024 YONA MTUI VS DANIEL CHAMBIRI ANOTHER
Parties
Applicant: Yona Mtui; 1st Respondent: Daniel Chambiri; 2nd Respondent: Donnesto Company Limited
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2024
Procedural Posture
Civil Application / Ruling on Application for Stay of Execution
Outcome
Application dismissed with costs
Legal Topics
Stay of Execution, Res Judicata, Appeals, Execution of Decrees
Source Language
English
Civil Procedure Land Law Stay of Execution Res Judicata Appeals Execution of Decrees

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 8 Party arguments 2
Sign in to unlock

Parties

Yona Mtui

Applicant

Daniel Chambiri

1st Respondent

Donnesto Company Limited

2nd Respondent

Procedural Posture

Civil Application / Ruling on Application for Stay of Execution

Legal Issues

  1. 1 Whether the application for stay of execution is maintainable when the notice of appeal does not relate to the decree sought to be stayed
  2. 2 Whether the High Court's dismissal order for being res judicata is executable and amenable to stay

Ratio Decidendi

The application for stay of execution fails because the notice of appeal does not relate to the decree sought to be stayed, and the High Court's dismissal order for being res judicata is not executable. There is no decree capable of being stayed under the law.

Court Disposition

Application dismissed with costs

Orders

  • Application for stay of execution is dismissed with costs