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Sunday, 8 March 2020

Application for stay of execution Tanzania (sample)


Application for stay of execution Tanzania (sample)

This is a sample application for the stay of execution in Tanzania. This sample will enable you to see how an application of stay of execution is made. Stay of execution, as any other normal application is made through chamber summons supported by an affidavit.

The important thing to consider during this application is enabling provision of the law which 

will move the court to entertain your application.

IN THE HIGH COURT OF TANZANIA

(DAR ES SALAAM DISTRICT REGISTRY)

AT DAR ES SALAAM


                   MISCELLANEOUS CIVIL APPLICATION NO…….. OF 20…


Between

……………………………………………………Applicant

And


………………………………………………………..Respondent     

                          CHAMBER SUMMONS

                             (Under Order XXI Rule 27 and section 95 of
    the Civil Procedure Code 1966 and any other enabling provisions of the law)

LET ALL PARTIES CONCERNED, ATTEND before Honorable………………………sitting in Chambers on the ____ day of ________________ 2002 at 9:00 o’clock in the forenoon or soon thereafter as the court may direct, so that counsel for the Applicant maybe heard on an application for the following orders:

(1)        that execution of the Order of the High Court of Tanzania in Civil Case No. ………….of………… dated ……………and delivered to the parties on ………………  be stayed pending determination of the application for Review

(2)        costs of this application be in the course; and

(3)        any other relief as the court may deem fit and just.

This Chamber Summons has been taken out at the instance of A & B, ADVOCATES, and is supported by the Affidavit of …………………….annexed hereto, and by such other grounds as may, with the leave of the court, be adduced at the hearing of this application.



Given under my hand and seal of the court this ____ day of _______ ___

                                                                                                          _____________ 
                                                                                                           REGISTRAR


Presented for filing in Court this _____ day of _______ ___

                                                                                                _____________________

                                                                                                 REGISTRY OFFICER






TO BE SERVED UPON:

Respondent

DRAWN AND FILED BY:

A & B
Advocates
.................



IN THE HIGH COURT OF TANZANIA

(DAR ES SALAAM DISTRICT REGISTRY)

AT DAR ES SALAAM


MISCELLANEOUS CIVIL APPLICATION NO…….. OF 20…


Between

……………………………………………………Applicant

And


………………………………………………………..Respondent

 AFFIDAVIT

 I, ……………………, an adult Christian and resident of ……………….. DO HEREBY MAKE OATH and state as follows:

1.         That I am an advocate of the High Court of Tanzania and Courts subordinate thereto save for primary courts and I am charged with the conduct of this matter for and on behalf of the Applicant. I make this affidavit in support of the application for, inter alia, an order to stay execution of the order of this Honourable Court in Civil Case No………..of………… contained in the Ruling dated …………………. which was delivered before the parties on ……………………., pending determination of the application for review.

2.         That on ………………. this Honorable Court delivered before the parties a Ruling dated ……………….. awarding the Respondent a colossal sum of TShs. …………….. The Applicant was aggrieved by this decision and filed its application for reference on the ……………….. 

3.         That on ………………. the Applicant’s application for reference was dismissed by the Honourable Court on the ground that it had been filed out of time. The applicant is aggrieved by the Honourable Court’s decision hence this application.


4.         That the application for reference being made within time, the Applicant has filed an application for review of the dismissal order upon the following grounds:

(i)         The honorable court erred in fact and in law in accepting the Respondent’s objection on limitation while in his counter-affidavit of (date) the Respondent failed to controvert the fact deponed in paragraph 4 of the Affidavit XXX made in support of the application for reference, that the ruling was delivered on …………… and

(ii)               the Order dismissing the Applicant’s application for reference on the ground of limitation of time was entered into by the Honourable Court unaware of the fact that the ruling on the bill of costs, though prepared and signed by the Taxing Master on………………, was not read and delivered to the parties until …………………….

(iii)       the Honourable Court made its decision in this matter without appraising itself of the court record in High Court Civil Case No. …………of …………. from were this the matter had its origins.

5.         In the premises, I state that this application for stay of execution is genuine.

                                      
That save for what is stated in paragraph 2 which is based on information received from ……………………, what is stated in paragraphs 1, 3, 4 and 5 is true to my own knowledge.


Sworn at Dar es Salaam by the said       ]
……………………….who is known     ]
to me personally this _____ day of…….]        ______________________


Before me:
______________________________  

COMMISSIONER FOR OATHS



Presented for filing in Court this ________ day of ­­­­­­_______
                                                                                                             
                                                                                                               _____________
                                                                                                               Registry officer
TO BE SERVED UPON:

Respondent

DRAWN AND FILED BY:

A & B
Advocates
.................


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