CIVIL APPLICATION NO 658 217 OF 2024 DEUS WILBARD MPAPI ANOTHER VERSUS STANBIC BANK 2 OTHERS

CIVIL APPLICATION NO 658 217 OF 2024 DEUS WILBARD MPAPI ANOTHER VERSUS STANBIC BANK 2 OTHERS

Where the decree is for vacant possession and the suit property remains in the applicant's possession, a commitment bond to maintain the property in the same condition suffices as security for stay of execution.

Citation
CIVIL APPLICATION NO 658 217 OF 2024 DEUS WILBARD MPAPI ANOTHER VERSUS STANBIC BANK 2 OTHERS
Parties
Applicant: Deus Wilbard M Papi; Applicant: Legram A.N.G. Limited; Respondent: Stanbic Bank; Respondent: Majembe Auction Mart Ltd; Respondent: Robert Mzena
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2024
Procedural Posture
Civil Application / Application for Stay of Execution Pending Appeal
Outcome
Application granted
Legal Topics
Stay of Execution, Mortgage Enforcement, Security for Due Performance, Vacant Possession
Source Language
English
Civil Procedure Land Law Banking Law Stay of Execution Mortgage Enforcement Security for Due Performance Vacant Possession

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Parties

Deus Wilbard M Papi

Applicant

Legram A.N.G. Limited

Applicant

Stanbic Bank

Respondent

Majembe Auction Mart Ltd

Respondent

Robert Mzena

Respondent

Procedural Posture

Civil Application / Application for Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether execution of the decree for vacant possession should be stayed pending appeal
  2. 2 What form of security is appropriate for stay of execution in a decree for vacant possession

Ratio Decidendi

Where the decree is for vacant possession and the suit property remains in the applicant's possession, a commitment bond to maintain the property in the same condition suffices as security for stay of execution.

Court Disposition

Application granted

Orders

  • Execution of the decree of the trial tribunal is stayed pending hearing and determination of the intended appeal
  • Each applicant must furnish a commitment bond within 14 days that the suit property shall remain in the same condition as at the date of judgment