ahmed abdallah vs maulid athuman 2013 tzca 184 11 december 2013

Applicant failed to satisfy the precondition of providing security for due performance of the decree as required under Rule 11(2)(d), thus stay of execution cannot be granted.

Citation: ahmed abdallah vs maulid athuman 2013 tzca 184 11 december 2013
Parties: Applicant: Ahmed Abdallah; Respondent: Maulid Athuman
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 11 December 2013
Procedural Posture: Civil Application / Ruling on Application for Stay of Execution
Outcome: Application dismissed with costs.
Legal Topics: Stay of Execution, Security for Performance, Appeal Process
Source Language: English

Civil Procedure Land Law Stay of Execution Security for Performance Appeal Process

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 5 Party arguments 2

Parties

Ahmed Abdallah

Applicant

Maulid Athuman

Respondent

Procedural Posture

Civil Application / Ruling on Application for Stay of Execution

Legal Issues

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

Applicant failed to satisfy the precondition of providing security for due performance of the decree as required under Rule 11(2)(d), thus stay of execution cannot be granted.

Court Disposition

Application dismissed with costs.

Orders

Application dismissed with costs.