19970811 TZHC Bukoba

19970811 TZHC Bukoba

Status quo should be maintained during pendency of appeal to prevent applicant from suffering substantial loss if appeal succeeds; stay is granted subject to provision of security for due performance.

Citation
19970811 TZHC Bukoba
Parties
Applicant: Abdallah s/o Athumani; Respondent: Hussein s/o Bubelwa; Respondent: Lwasi s/o Kabanzi; Respondent: John s/o Kajari
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
11 August 1997
Procedural Posture
Civil Appeal / Application for Stay of Execution Pending Appeal
Outcome
application granted
Legal Topics
Stay of Execution, Appeal, Security for Due Performance, Clan Land, Compensation for Improvements
Source Language
English
Civil Procedure Land Law Stay of Execution Appeal Security for Due Performance Clan Land Compensation for Improvements

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Parties

Abdallah s/o Athumani

Applicant

Hussein s/o Bubelwa

Respondent

Lwasi s/o Kabanzi

Respondent

John s/o Kajari

Respondent

Procedural Posture

Civil Appeal / Application for Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether execution of the decree should be stayed pending appeal
  2. 2 Whether applicant has shown sufficient cause for stay
  3. 3 Whether security for due performance is required

Ratio Decidendi

Status quo should be maintained during pendency of appeal to prevent applicant from suffering substantial loss if appeal succeeds; stay is granted subject to provision of security for due performance.

Court Disposition

application granted

Orders

  • Execution of decree stayed pending appeal.
  • Applicant to deposit TZS 500,000 as security within 30 days.