20140317 TZCA Arusha

20140317 TZCA Arusha

Applicants satisfied statutory conditions for stay of execution: timely application, good cause shown due to long occupation and risk of irreparable loss, and sufficient undertaking to provide security for due performance.

Citation
20140317 TZCA Arusha
Parties
Applicant: Awiniel Mtui; Applicant: Rogate Minja; Applicant: Lilian Mamuya; Applicant: Vodacom; Respondent: Stanley Ephata Kimambo
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
17 March 2014
Procedural Posture
Civil Application / Application for Stay of Execution Pending Appeal
Outcome
application granted
Legal Topics
Stay of Execution, Appeals, Security for Performance, Timeliness of Application
Source Language
English
Civil Procedure Land Law Stay of Execution Appeals Security for Performance Timeliness of Application

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 9 Party arguments 2
Sign in to unlock

Parties

Awiniel Mtui

Applicant

Rogate Minja

Applicant

Lilian Mamuya

Applicant

Vodacom

Applicant

Stanley Ephata Kimambo

Respondent

Procedural Posture

Civil Application / Application for Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether the applicants satisfied the statutory conditions for stay of execution under Rule 11(2)(b),(c),(d) of the Court of Appeal Rules, 2009
  2. 2 Whether good cause was shown for granting stay of execution
  3. 3 Whether security for due performance was furnished

Ratio Decidendi

Applicants satisfied statutory conditions for stay of execution: timely application, good cause shown due to long occupation and risk of irreparable loss, and sufficient undertaking to provide security for due performance.

Court Disposition

application granted

Orders

  • Execution of High Court decision stayed pending determination of appeal
  • Each party to bear own costs