RULING OF AUGUSTINO MWAKABENDE

RULING OF AUGUSTINO MWAKABENDE

The applicant failed to cumulatively satisfy the conditions for grant of stay of execution, specifically by not establishing substantial loss with particulars in the affidavit and by failing to provide or undertake to provide security for due performance of the decree.

Citation
RULING OF AUGUSTINO MWAKABENDE
Parties
Applicant: Augustino Adamson Mwakabende; 1st Respondent: Anthony Edwin Mwakalobo; 2nd Respondent: Enelisa Ikulika
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
10 February 2025
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Stay of Execution Pending Appeal
Outcome
Application dismissed
Legal Topics
Stay of Execution, Appeal, Execution of Decree, Security for Performance, Substantial Loss
Source Language
English
Civil Procedure Land Law Stay of Execution Appeal Execution of Decree Security for Performance Substantial Loss

Case Brief

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Parties

Augustino Adamson Mwakabende

Applicant

Anthony Edwin Mwakalobo

1st Respondent

Enelisa Ikulika

2nd Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application for Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether the applicant has met the conditions for grant of stay of execution pending appeal

Ratio Decidendi

The applicant failed to cumulatively satisfy the conditions for grant of stay of execution, specifically by not establishing substantial loss with particulars in the affidavit and by failing to provide or undertake to provide security for due performance of the decree.

Court Disposition

Application dismissed

Orders

  • No order as to costs