CIVIL APPLICATION NO 707 17 OF 2022 DONATILA BERNARD VS REMJI THEODORY

CIVIL APPLICATION NO 707 17 OF 2022 DONATILA BERNARD VS REMJI THEODORY

The applicant complied with all requirements under Rule 11 of the Tanzania Court of Appeal Rules, 2009, including timely filing, demonstration of potential irreparable loss, and a firm undertaking to furnish security. Allowing execution could render the appeal nugatory by risking sale of the house to third parties, thus justifying a stay of execution.

Citation
CIVIL APPLICATION NO 707 17 OF 2022 DONATILA BERNARD VS REMJI THEODORY
Parties
Applicant: Donatila Bernard; 1st Respondent: Remji Theodory; 2nd Respondent: Jackline Mmary (Suing as a next friend of her son Agape T. Masawe and her daughter Glory T. Masawe)
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2022
Procedural Posture
Civil Application for Stay of Execution / Ruling on Application for Stay of Execution Pending Appeal
Outcome
Application for stay of execution granted.
Legal Topics
Stay of Execution, Matrimonial Property, Security for Costs, Appeal Procedure
Source Language
English
Civil Procedure Land Law Family Law Stay of Execution Matrimonial Property Security for Costs Appeal Procedure

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Parties

Donatila Bernard

Applicant

Remji Theodory

1st Respondent

Jackline Mmary (Suing as a next friend of her son Agape T. Masawe and her daughter Glory T. Masawe)

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 conditions for stay of execution under Rule 11 of the Tanzania Court of Appeal Rules, 2009
  2. 2 Whether the applicant will suffer substantial or irreparable loss if execution proceeds
  3. 3 Whether the applicant has undertaken to furnish security for due execution of the decree

Ratio Decidendi

The applicant complied with all requirements under Rule 11 of the Tanzania Court of Appeal Rules, 2009, including timely filing, demonstration of potential irreparable loss, and a firm undertaking to furnish security. Allowing execution could render the appeal nugatory by risking sale of the house to third parties, thus justifying a stay of execution.

Court Disposition

Application for stay of execution granted.

Orders

  • Stay of execution of the High Court decree in Miscellaneous Land Appeal No. 103 of 2021 pending determination of the appeal.
  • Applicant to furnish security in the form of a bank guarantee of TZS 30,000,000.00 within 60 days.