The Appellants Tito Shumo & 49 Others had filed an application for stay of execution of the order of the High Court of Tanzania, Land Division in Land Case No. 6 of 2007. The said application was brought by way of notice of motion under the provision of rule 11(2), (b), (c), (d) and (e) of the Court of Appeal Rules, 2009. The Respondent filed a notice of preliminary objection in which he said the court had not been properly moved to exercise its powers in an application for stay of execution as the decree sought to be stayed was not appealable under the circumstances of this case and thus the application was misconceived and incompetent. He also said the application was an abuse of court process as the same has been overtaken by events.