This was an application for extension of time within which to lodge an application for stay of execution of the judgment and decree of the High Court of Tanzania, Land Division in Land Case No. 255 of 2006. In compliance with rule 106 (1) and (2) as well as rule 106 (8) of the Rules, the parties, except the 4th Respondent, filed written submissions in support of the application and a reply thereof, respectively.
The Applicant alleged that he understood from the case of Ahmed Mbaraka v. Mwananchi Engineering Co. Ltd, Civil Application No. 229/2014 to have been protected from execution once the appeal process is initiated. As he had taken some steps towards appealing by filing a notice of appeal and seeking leave to appeal, he believed that there was no need to apply for stay of execution. The Respondent opposed the application on the ground that the Court’s observation in Mbaraka’s case was an obiter dictum.