david mahende vs salum nassor mattar another 2019 tzca 71 4 february 2019

david mahende vs salum nassor mattar another 2019 tzca 71 4 february 2019

The applicant met all statutory conditions for stay of execution by timely filing, demonstrating risk of substantial loss, and furnishing security for due performance; thus, the application for stay was granted.

Citation
david mahende vs salum nassor mattar another 2019 tzca 71 4 february 2019
Parties
Applicant: David Mahende; 1st Respondent: Salum Nassor Mattar; 2nd Respondent: Fosters Auctioneers and General Traders
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
4 February 2019
Procedural Posture
Civil Application / Application for Stay of Execution Pending Appeal
Outcome
Application granted
Legal Topics
Stay of Execution, Appeals, Security for Due Performance
Source Language
English
Civil Procedure Land Law Stay of Execution Appeals Security for Due Performance

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Parties

David Mahende

Applicant

Salum Nassor Mattar

1st Respondent

Fosters Auctioneers and General Traders

2nd Respondent

Procedural Posture

Civil Application / Application for Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether the applicant satisfied the conditions for grant of stay of execution under Rule 11 of the Tanzania Court of Appeal Rules, 2009

Ratio Decidendi

The applicant met all statutory conditions for stay of execution by timely filing, demonstrating risk of substantial loss, and furnishing security for due performance; thus, the application for stay was granted.

Court Disposition

Application granted

Orders

  • Stay of execution granted pending determination of the intended appeal
  • Registrar to take custody of the two certificates of title furnished as security