ahmad abdallah kinyokwe vs zulfa salumu makuka others 2023 tzca 17609 4 september 2023

ahmad abdallah kinyokwe vs zulfa salumu makuka others 2023 tzca 17609 4 september 2023

The applicant's affidavit evidence was uncontroverted, and both mandatory conditions for stay of execution were met; therefore, the application for stay of execution is granted.

Citation
ahmad abdallah kinyokwe vs zulfa salumu makuka others 2023 tzca 17609 4 september 2023
Parties
Applicant: Ahmad Abdallah Kinyokwe; 1st Respondent: Zulfa Salumu Makuka (Administratrix of the Estate of the Late Salum A. Makuka); 2nd Respondent: Damian Kakuru; 3rd Respondent: Mbari Mbu Siro; 4th Respondent: Mary Fabian Makota
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
4 September 2023
Procedural Posture
Civil Application / Application for Stay of Execution Pending Appeal
Outcome
Application granted
Legal Topics
Stay of Execution, Security for Due Performance, Appeal Procedures
Source Language
English
Civil Procedure Land Law Stay of Execution Security for Due Performance Appeal Procedures

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Ahmad Abdallah Kinyokwe

Applicant

Zulfa Salumu Makuka (Administratrix of the Estate of the Late Salum A. Makuka)

1st Respondent

Damian Kakuru

2nd Respondent

Mbari Mbu Siro

3rd Respondent

Mary Fabian Makota

4th Respondent

Procedural Posture

Civil Application / Application for Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether the applicant has satisfied the conditions for grant of stay of execution under Rule 11(5)(a) and (b) of the Tanzania Court of Appeal Rules, 2009

Ratio Decidendi

The applicant's affidavit evidence was uncontroverted, and both mandatory conditions for stay of execution were met; therefore, the application for stay of execution is granted.

Court Disposition

Application granted

Orders

  • Applicant to execute or sign a bond to maintain the status quo within thirty (30) days from the date of delivery of the ruling until final determination of the pending appeal.
  • Costs of the application to be in the cause.