20131210 TZCA Mwanza1

20131210 TZCA Mwanza1

The applicant failed to satisfy the requirement of providing security for the due performance of the decree as required by Rule 11(2)(d)(iii), and therefore the application for stay of execution could not be granted.

Citation
20131210 TZCA Mwanza1
Parties
Applicant: Ahmed Abdallah; Respondent: Liauid Athuman
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
10 December 2013
Procedural Posture
Civil Application / Ruling on Application for Stay of Execution Pending Appeal
Outcome
Application dismissed with costs
Legal Topics
Stay of Execution, Appeals, Security for Performance of Decree
Source Language
English
Civil Procedure Land Law Stay of Execution Appeals Security for Performance of Decree

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Parties

Ahmed Abdallah

Applicant

Liauid Athuman

Respondent

Procedural Posture

Civil Application / Ruling on Application for Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether the applicant satisfied the cumulative preconditions for grant of stay of execution under Rule 11(2)(d) of the Tanzania Court of Appeal Rules

Ratio Decidendi

The applicant failed to satisfy the requirement of providing security for the due performance of the decree as required by Rule 11(2)(d)(iii), and therefore the application for stay of execution could not be granted.

Court Disposition

Application dismissed with costs

Orders

  • Application for stay of execution is dismissed with costs