20171023 TZCA Dar es Salaam

20171023 TZCA Dar es Salaam

Applicant failed to fulfill the mandatory conditions for stay of execution, specifically good cause, substantial loss, and provision of security for due performance, as required by Rule 11(2) of the Court of Appeal Rules, 2009.

Citation
20171023 TZCA Dar es Salaam
Parties
Applicant: Farm Equipment Company Limited; Respondent: Festo Mkuta Mbunzu
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
23 October 2017
Procedural Posture
Civil Application / Ruling on Application for Stay of Execution
Outcome
Application dismissed
Legal Topics
Stay of Execution, Appeals, Security for Due Performance, Substantial Loss
Source Language
English
Civil Procedure Stay of Execution Appeals Security for Due Performance Substantial Loss

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Parties

Farm Equipment Company Limited

Applicant

Festo Mkuta Mbunzu

Respondent

Procedural Posture

Civil Application / Ruling on Application for Stay of Execution

Legal Issues

  1. 1 Whether the applicant fulfilled the conditions for stay of execution under Rule 11(2) of the Court of Appeal Rules, 2009

Ratio Decidendi

Applicant failed to fulfill the mandatory conditions for stay of execution, specifically good cause, substantial loss, and provision of security for due performance, as required by Rule 11(2) of the Court of Appeal Rules, 2009.

Court Disposition

Application dismissed

Orders

  • No costs awarded