20131212 TZCA Arusha

20131212 TZCA Arusha

The application was dismissed because the applicants failed to demonstrate substantial loss and did not provide or guarantee security for due performance of the decree as required by Rule 11(2)(d) of the Court of Appeal Rules, 2009. Compliance with all cumulative conditions is mandatory for grant of stay of execution.

Citation
20131212 TZCA Arusha
Parties
Applicant: Anthony Ngoo; Applicant: Davis Anthony Ngoo; Respondent: Kifinda Kiliaro
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
12 December 2013
Procedural Posture
Civil Application / Ruling on Application for Stay of Execution Pending Appeal
Outcome
Application dismissed with costs
Legal Topics
Stay of Execution, Appeals, Security for Performance, Substantial Loss Requirement
Source Language
English
Civil Procedure Stay of Execution Appeals Security for Performance Substantial Loss Requirement

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Parties

Anthony Ngoo

Applicant

Davis Anthony Ngoo

Applicant

Kifinda Kiliaro

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the applicants satisfied all conditions for grant of stay of execution under Rule 11(2)(b), (c), and (d) of the Court of Appeal Rules, 2009

Ratio Decidendi

The application was dismissed because the applicants failed to demonstrate substantial loss and did not provide or guarantee security for due performance of the decree as required by Rule 11(2)(d) of the Court of Appeal Rules, 2009. Compliance with all cumulative conditions is mandatory for grant of stay of execution.

Court Disposition

Application dismissed with costs

Orders

  • Application for stay of execution is dismissed with costs