20170629 TZCA Dar es Salaam

20170629 TZCA Dar es Salaam

The applicant demonstrated substantial loss, timely application, and a firm undertaking to furnish security, satisfying the conditions for stay of execution. The interests of justice require maintenance of status quo pending appeal.

Citation
20170629 TZCA Dar es Salaam
Parties
Applicant: Godebertha Rukanga; Respondent: CRDB Bank Limited; Respondent: Yono Auction Mart; Respondent: Prosper Peter Siriwa; Respondent: Angel Prosper Peter
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
29 June 2017
Procedural Posture
Civil Application / Application for Stay of Execution Pending Appeal
Outcome
Stay of execution granted, conditional on provision of security.
Legal Topics
Stay of Execution, Security for Performance, Appeal Procedures, Sale of Mortgaged Property
Source Language
English
Civil Procedure Land Law Stay of Execution Security for Performance Appeal Procedures Sale of Mortgaged Property

Case Brief

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Parties

Godebertha Rukanga

Applicant

CRDB Bank Limited

Respondent

Yono Auction Mart

Respondent

Prosper Peter Siriwa

Respondent

Angel Prosper Peter

Respondent

Procedural Posture

Civil Application / Application for Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether the applicant will suffer substantial loss if stay is not granted
  2. 2 Whether the application was made without unreasonable delay
  3. 3 Whether the applicant has furnished security for due performance of the decree

Ratio Decidendi

The applicant demonstrated substantial loss, timely application, and a firm undertaking to furnish security, satisfying the conditions for stay of execution. The interests of justice require maintenance of status quo pending appeal.

Court Disposition

Stay of execution granted, conditional on provision of security.

Orders

  • Stay of execution of the decree dated 11th July, 2013 in Land Case No. 73 of 2006 is granted, conditional upon the applicant depositing Tshs. 10,000,000 in Court within 30 days.
  • Costs are in the cause.