20160926 TZCA Dar es Salaam

20160926 TZCA Dar es Salaam

The application was dismissed because the applicant failed to provide security or a firm undertaking for the due performance of the decree, which is a mandatory pre-condition for grant of stay under Rule 11(2)(d)(iii).

Citation
20160926 TZCA Dar es Salaam
Parties
Applicant: Arnord L. Matemba; Respondent: Tanzania Breweries Ltd
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
26 September 2016
Procedural Posture
Civil Application / Application for Stay of Execution
Outcome
application dismissed with costs
Legal Topics
Stay of Execution, Security for Due Performance, Irreparable Loss
Source Language
English
Civil Procedure Stay of Execution Security for Due Performance Irreparable Loss

Case Brief

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Parties

Arnord L. Matemba

Applicant

Tanzania Breweries Ltd

Respondent

Procedural Posture

Civil Application / Application for Stay of Execution

Legal Issues

  1. 1 Whether the applicant is entitled to a stay of execution pending appeal
  2. 2 Whether the applicant has satisfied the conditions for grant of stay under Rule 11(2)(d) of the Court of Appeal Rules, 2009

Ratio Decidendi

The application was dismissed because the applicant failed to provide security or a firm undertaking for the due performance of the decree, which is a mandatory pre-condition for grant of stay under Rule 11(2)(d)(iii).

Court Disposition

application dismissed with costs

Orders

  • application dismissed
  • costs awarded to respondent