CIVIL APPLICATION NO 925 17 OF 2023 BOCK JUMA RUNGWE VS THE GRAND LODGE COMPANY LIMITED 2 OTHERS

CIVIL APPLICATION NO 925 17 OF 2023 BOCK JUMA RUNGWE VS THE GRAND LODGE COMPANY LIMITED 2 OTHERS

The applicant failed to satisfy the legal requirement that security for due performance cannot be the disputed property, and did not provide sufficient averment on the status of the property; thus, the application for stay of execution is dismissed.

Citation
CIVIL APPLICATION NO 925 17 OF 2023 BOCK JUMA RUNGWE VS THE GRAND LODGE COMPANY LIMITED 2 OTHERS
Parties
Applicant: Bock Juma Rungwe; 1st Respondent: The Grand Lodge Company Limited; 2nd Respondent: The Registrar of Titles; 3rd Respondent: The Attorney General
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2023
Procedural Posture
Civil Application / Ruling on Application for Stay of Execution Pending Appeal
Outcome
Application dismissed
Legal Topics
Stay of Execution, Security for Due Performance, Ownership of Land, Appeal Procedure
Source Language
English
Civil Procedure Land Law Stay of Execution Security for Due Performance Ownership of Land Appeal Procedure

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Parties

Bock Juma Rungwe

Applicant

The Grand Lodge Company Limited

1st Respondent

The Registrar of Titles

2nd Respondent

The Attorney General

3rd Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the applicant is entitled to a stay of execution of the High Court judgment and decree pending appeal
  2. 2 Whether the disputed property can be used as security for due performance of the decree

Ratio Decidendi

The applicant failed to satisfy the legal requirement that security for due performance cannot be the disputed property, and did not provide sufficient averment on the status of the property; thus, the application for stay of execution is dismissed.

Court Disposition

Application dismissed

Orders

  • Application for stay of execution is dismissed
  • Costs to be in the cause