CIVIL APPLICATIONNO 713 17 OF 2023 BYBLOCK CONTRACTORS LTD VS SALUM SAID HAMAD

CIVIL APPLICATIONNO 713 17 OF 2023 BYBLOCK CONTRACTORS LTD VS SALUM SAID HAMAD

The applicant met all procedural and substantive requirements for a stay of execution under Rule 11 of the Tanzania Court of Appeal Rules, 2009, including timely filing, provision of necessary documents, demonstration of substantial loss, and undertaking to furnish security. The stay is conditional upon the applicant depositing a bank guarantee for the specified sum within 30 days.

Citation
CIVIL APPLICATIONNO 713 17 OF 2023 BYBLOCK CONTRACTORS LTD VS SALUM SAID HAMAD
Parties
Applicant: Byblock Contractors Ltd; 1st Respondent: Salum Said Hamad; 2nd Respondent: Crown Auction Mart & Court Broker
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2023
Procedural Posture
Civil Application for Stay of Execution / Ruling on Application for Stay of Execution Pending Appeal
Outcome
Application granted with conditions
Legal Topics
Stay of Execution, Lease Disputes, Security for Due Performance
Source Language
English
Civil Procedure Land Law Stay of Execution Lease Disputes Security for Due Performance

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Parties

Byblock Contractors Ltd

Applicant

Salum Said Hamad

1st Respondent

Crown Auction Mart & Court Broker

2nd Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the applicant satisfied the requirements for stay of execution pending appeal under Rule 11 of the Tanzania Court of Appeal Rules, 2009
  2. 2 Whether the execution had already been completed
  3. 3 Appropriate form and quantum of security for due performance

Ratio Decidendi

The applicant met all procedural and substantive requirements for a stay of execution under Rule 11 of the Tanzania Court of Appeal Rules, 2009, including timely filing, provision of necessary documents, demonstration of substantial loss, and undertaking to furnish security. The stay is conditional upon the applicant depositing a bank guarantee for the specified sum within 30 days.

Court Disposition

Application granted with conditions

Orders

  • Execution of the High Court decree dated 25th August, 2023 in Land Appeal No. 234 of 2023 is stayed pending hearing and determination of the intended appeal.
  • Applicant must deposit in Court within thirty days a bank guarantee for TZS 191,664,000.00, which shall remain in force until full hearing and determination of the intended appeal.