alex siriamara machale others vs bryson nalogwa kituly 2017 tzca 267 6 november 2017
The application was dismissed because the applicants failed to provide security for due performance of the decree, a mandatory requirement under Rule 11(2)(d)(iii), and an oral undertaking from counsel does not suffice as a binding undertaking.
- Citation
- alex siriamara machale others vs bryson nalogwa kituly 2017 tzca 267 6 november 2017
- Parties
- Applicant: Alex Siriamara Machare; Applicant: Marijani Abubakari Msoffe; Applicant: Capt. Makongoro Nyerere; Respondent: Bryson Nalogwa Kituly
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 6 November 2017
- Procedural Posture
- Civil Application / Ruling on Application for Stay of Execution
- Outcome
- Application dismissed with costs
- Legal Topics
- Stay of Execution, Security for Due Performance, Appellate Procedure
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Alex Siriamara Machare
Applicant
Marijani Abubakari Msoffe
Applicant
Capt. Makongoro Nyerere
Applicant
Bryson Nalogwa Kituly
Respondent
Procedural Posture
Civil Application / Ruling on Application for Stay of Execution
Legal Issues
- 1 Whether the applicants have satisfied the mandatory conditions for grant of stay of execution under Rule 11(2)(d) of the Tanzania Court of Appeal Rules, 2009
Ratio Decidendi
The application was dismissed because the applicants failed to provide security for due performance of the decree, a mandatory requirement under Rule 11(2)(d)(iii), and an oral undertaking from counsel does not suffice as a binding undertaking.
Court Disposition
Application dismissed with costs
Full Case Text
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