anold l matemba vs tanzania breweries 2016 tzca 837 3 october 2016

anold l matemba vs tanzania breweries 2016 tzca 837 3 october 2016

The applicant failed to meet the crucial pre-condition of providing security for the due performance of the decree as required under Rule 11(2)(d)(iii), and thus the application for stay of execution could not be granted.

Citation
anold l matemba vs tanzania breweries 2016 tzca 837 3 october 2016
Parties
Applicant: Anord L. Matemba; Respondent: Tanzania Breweries Ltd
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
3 October 2016
Procedural Posture
Civil Application / Application for Stay of Execution Pending Appeal
Outcome
Application dismissed with costs
Legal Topics
Stay of Execution, Security for Due Performance, Appellate Procedure
Source Language
English
Civil Procedure Stay of Execution Security for Due Performance Appellate Procedure

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Parties

Anord L. Matemba

Applicant

Tanzania Breweries Ltd

Respondent

Procedural Posture

Civil Application / Application for Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether the applicant satisfied the conditions for grant of stay of execution under Rule 11(2)(d)(i)-(iii) of the Court of Appeal Rules, 2009

Ratio Decidendi

The applicant failed to meet the crucial pre-condition of providing security for the due performance of the decree as required under Rule 11(2)(d)(iii), and thus the application for stay of execution could not be granted.

Court Disposition

Application dismissed with costs

Orders

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