CIVIL APPLICATION NO

CIVIL APPLICATION NO

The application for stay of execution was filed within the prescribed time after service of notice of execution regarding the Kijitonyama property. The lack of Registrar's endorsement on the affidavit is a procedural omission not fatal to the application. The applicant demonstrated risk of substantial loss if evicted, as the alternative property is unfinished. A general undertaking to furnish security is sufficient in the context of a non-monetary decree. The requirements for stay of execution under rule 11(4)-(7) were met.

Citation
CIVIL APPLICATION NO
Parties
Applicant: Amina Abdallah; 1st Respondent: Halifa Athumani Magina; 2nd Respondent: Ahmed Halifa Magina as administrator of the estate of Mariam Said Benta (deceased)
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2025
Procedural Posture
Civil Application / Ruling on Application for Stay of Execution Pending Appeal
Outcome
Application granted
Legal Topics
Stay of Execution, Matrimonial Property, Appellate Procedure, Affidavit Defects, Jurisdiction
Source Language
English
Civil Procedure Family Law Stay of Execution Matrimonial Property Appellate Procedure Affidavit Defects Jurisdiction

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Parties

Amina Abdallah

Applicant

Halifa Athumani Magina

1st Respondent

Ahmed Halifa Magina as administrator of the estate of Mariam Said Benta (deceased)

2nd Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the application for stay of execution was filed within time as required by the Court of Appeal Rules
  2. 2 Whether the supporting affidavit is incurably defective for lack of Registrar's endorsement
  3. 3 Whether the applicant has satisfied the requirements for grant of stay of execution under rule 11(4)-(7) of the Court of Appeal Rules

Ratio Decidendi

The application for stay of execution was filed within the prescribed time after service of notice of execution regarding the Kijitonyama property. The lack of Registrar's endorsement on the affidavit is a procedural omission not fatal to the application. The applicant demonstrated risk of substantial loss if evicted, as the alternative property is unfinished. A general undertaking to furnish security is sufficient in the context of a non-monetary decree. The requirements for stay of execution under rule 11(4)-(7) were met.

Court Disposition

Application granted

Orders

  • Stay of execution of the decree in Matrimonial Cause No. 3 of 2018 pending determination of the appeal
  • Order subject to execution of commitment bond within 30 days from the date of ruling