al hilal ceramics another vs nassor rashid nassor others 2019 tzca 574 2 september 2019

al hilal ceramics another vs nassor rashid nassor others 2019 tzca 574 2 september 2019

The applicant satisfied the requirements for stay of execution by demonstrating substantial loss, timely filing, and a firm undertaking for security. The stay is granted conditional upon depositing a bank guarantee for the decreed sum within 45 days.

Source-derived case information.

Citation
al hilal ceramics another vs nassor rashid nassor others 2019 tzca 574 2 september 2019
Parties
Applicant: Al Hilal Ceramics & Hardware Limited; Respondent: Nassor Rashid Nassor; Respondent: Salehe Bacho; Respondent: Hemed Issa; Respondent: Geremia Sosthenes Ntemi; Respondent: Mohamed Ally Mohamed
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
2 September 2019
Procedural Posture
Civil Application / Application for Stay of Execution Pending Appeal
Outcome
Application granted with conditions
Legal Topics
Stay of Execution, Security for Performance, Substantial Loss, Appeal Procedure
Source Language
english
Labour Law Civil Procedure Stay of Execution Security for Performance Substantial Loss Appeal Procedure

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Parties

Al Hilal Ceramics & Hardware Limited

Applicant

Nassor Rashid Nassor

Respondent

Salehe Bacho

Respondent

Hemed Issa

Respondent

Geremia Sosthenes Ntemi

Respondent

Mohamed Ally Mohamed

Respondent

Procedural Posture

Civil Application / Application for Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether the applicant is entitled to a stay of execution pending appeal
  2. 2 Whether the applicant has established substantial loss
  3. 3 Whether the applicant has made a firm undertaking for security for performance

Ratio Decidendi

The applicant satisfied the requirements for stay of execution by demonstrating substantial loss, timely filing, and a firm undertaking for security. The stay is granted conditional upon depositing a bank guarantee for the decreed sum within 45 days.

Court Disposition

Application granted with conditions

Orders

  • Stay of execution granted conditional upon the applicant depositing a bank guarantee covering Tzs. 16,200,700 within 45 days from the date of the ruling.