CIVIL APPLICATION NO 20 18 OF 2023 CONTINENTAL RELIABLE CLEARING T CO LTD VS WILHAD DOMINC KISUNDA 3 OTHERS

The applicant satisfied all statutory conditions for stay of execution, including timely filing, attaching required documents, and undertaking to provide security; therefore, stay was granted pending appeal, conditional on deposit of bank guarantee.

Citation: CIVIL APPLICATION NO 20 18 OF 2023 CONTINENTAL RELIABLE CLEARING T CO LTD VS WILHAD DOMINC KISUNDA 3 OTHERS
Parties: Applicant: Continental Reliable Clearing (T) Co. Ltd; 1st Respondent: Wilhad Dominic Kisuda; 2nd Respondent: Ibrahim Norman Salim; 3rd Respondent: Rose Nicodemus Nchem; 4th Respondent: Ruth Mathew Mputa
Court: TANZLII
Jurisdiction: Tanzania
Judgment Date: 1 January 2023
Procedural Posture: Civil Application / Application for Stay of Execution Pending Appeal
Outcome: application granted
Legal Topics: Stay of Execution, Security for Due Performance, Appeal Process
Source Language: English

Labour Law Civil Procedure Stay of Execution Security for Due Performance Appeal Process

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Parties

Continental Reliable Clearing (T) Co. Ltd

Applicant

Wilhad Dominic Kisuda

1st Respondent

Ibrahim Norman Salim

2nd Respondent

Rose Nicodemus Nchem

3rd Respondent

Ruth Mathew Mputa

4th Respondent

Procedural Posture

Civil Application / Application for Stay of Execution Pending Appeal

Legal Issues

1 Whether the applicant satisfied conditions for stay of execution under rule 11 of the Tanzania Court of Appeal Rules

Ratio Decidendi

Court Disposition

application granted

Orders

Execution of CMA award stayed pending appeal determination
Applicant to deposit bank guarantee of TZS 18,000,000.00 within one month as security for due performance