aidan george nyongo vs magese machenja others 2020 tzca 1832 30 october 2020

aidan george nyongo vs magese machenja others 2020 tzca 1832 30 october 2020

The application was dismissed because the applicant failed to establish substantial loss and did not provide a firm undertaking to furnish security for due performance of the decree, both of which are mandatory cumulative conditions for granting a stay of execution under Rule 11(2)(d) of the Rules.

Citation
aidan george nyongo vs magese machenja others 2020 tzca 1832 30 october 2020
Parties
Applicant: Aidan George Nyongo; 1st Respondent: Magese Machenja; 2nd Respondent: Commissioner for Lands; 3rd Respondent: Registrar of Titles; 4th Respondent: Attorney General
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
30 October 2020
Procedural Posture
Civil Application / Application for Stay of Execution Pending Appeal
Outcome
Application dismissed with costs
Legal Topics
Stay of Execution, Substantial Loss, Security for Due Performance, Appeal Procedure
Source Language
English
Civil Procedure Land Law Stay of Execution Substantial Loss Security for Due Performance Appeal Procedure

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Parties

Aidan George Nyongo

Applicant

Magese Machenja

1st Respondent

Commissioner for Lands

2nd Respondent

Registrar of Titles

3rd Respondent

Attorney General

4th Respondent

Procedural Posture

Civil Application / Application for Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether the applicant demonstrated substantial loss to warrant stay of execution
  2. 2 Whether the applicant made a firm undertaking to furnish security for due performance of the decree

Ratio Decidendi

The application was dismissed because the applicant failed to establish substantial loss and did not provide a firm undertaking to furnish security for due performance of the decree, both of which are mandatory cumulative conditions for granting a stay of execution under Rule 11(2)(d) of the Rules.

Court Disposition

Application dismissed with costs

Orders

  • Application for stay of execution is dismissed
  • Applicant to pay costs