20150226 TZCA Arusha

20150226 TZCA Arusha

The applicant failed to furnish acceptable security for the due performance of the decree as required by Rule 11(2)(d), as the disputed land cannot be offered as security; therefore, the application for stay of execution lacks merit and is dismissed.

Citation
20150226 TZCA Arusha
Parties
Applicant: Juma Hamisi; Respondent: Mwanamkasi Ramadhani
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
26 February 2015
Procedural Posture
Civil Application / Ruling on Application for Stay of Execution Pending Appeal
Outcome
Application dismissed with costs
Legal Topics
Stay of Execution, Security for Due Performance, Appeal Procedure
Source Language
English
Civil Procedure Land Law Stay of Execution Security for Due Performance Appeal Procedure

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Parties

Juma Hamisi

Applicant

Mwanamkasi Ramadhani

Respondent

Procedural Posture

Civil Application / Ruling on Application for Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether the applicant satisfied the conditions for stay of execution under Rule 11(2)(b), (c), and (d) of the Tanzania Court of Appeal Rules, 2009
  2. 2 Whether disputed property can be offered as security for due performance of the decree

Ratio Decidendi

The applicant failed to furnish acceptable security for the due performance of the decree as required by Rule 11(2)(d), as the disputed land cannot be offered as security; therefore, the application for stay of execution lacks merit and is dismissed.

Court Disposition

Application dismissed with costs

Orders

  • Application for stay of execution is dismissed with costs