abel dotto vs modesta j mangonji 2018 tzca 397 23 april 2018

The applicant failed to furnish security or provide a firm undertaking to do so as required by Rule 11(2)(d)(iii), thus the application for stay of execution was not merited.

Citation: abel dotto vs modesta j mangonji 2018 tzca 397 23 april 2018
Parties: Applicant: Abel Dotto; Respondent: Modesta J. Magonji
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 23 April 2018
Procedural Posture: Civil Application / Ruling on Application for Stay of Execution
Outcome: Application dismissed with costs.
Legal Topics: Stay of Execution, Security for Performance, Ownership of Registered Land
Source Language: English

Civil Procedure Land Law Stay of Execution Security for Performance Ownership of Registered Land

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Parties

Abel Dotto

Applicant

Modesta J. Magonji

Respondent

Procedural Posture

Civil Application / Ruling on Application for Stay of Execution

Legal Issues

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 Whether the applicant provided sufficient security for due performance of the decree

Ratio Decidendi

The applicant failed to furnish security or provide a firm undertaking to do so as required by Rule 11(2)(d)(iii), thus the application for stay of execution was not merited.

Court Disposition

Application dismissed with costs.

Orders

Application for stay of execution dismissed.
Applicant to pay costs.