drtc trading company ltd vs malimi lubatula ngholo another 2022 tzca 352 15 june 2022
The applicant failed to demonstrate substantial loss beyond mere assertions and did not provide a firm undertaking to furnish security for due performance of the decree in the affidavit, thus failing to meet the cumulative conditions for stay of execution under Rule 11(5)(a) and (b).
- Citation
- drtc trading company ltd vs malimi lubatula ngholo another 2022 tzca 352 15 june 2022
- Parties
- Applicant: DRTC Trading Company Ltd; 1st Respondent: Malimi Lubatula Ng'holo; 2nd Respondent: Mpanduji Makanga
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 15 June 2022
- Procedural Posture
- Civil Application / Ruling on Application for Stay of Execution Pending Appeal
- Outcome
- Application dismissed with costs
- Legal Topics
- Stay of Execution, Appeal Procedure, Security for Due Performance
- Source Language
- English
Case Brief
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Parties
DRTC Trading Company Ltd
Applicant
Malimi Lubatula Ng'holo
1st Respondent
Mpanduji Makanga
2nd Respondent
Procedural Posture
Civil Application / Ruling on Application for Stay of Execution Pending Appeal
Legal Issues
- 1 Whether the applicant met the cumulative conditions for stay of execution under Rule 11(5)(a) and (b) of the Tanzania Court of Appeal Rules, 2009
Ratio Decidendi
The applicant failed to demonstrate substantial loss beyond mere assertions and did not provide a firm undertaking to furnish security for due performance of the decree in the affidavit, thus failing to meet the cumulative conditions for stay of execution under Rule 11(5)(a) and (b).
Court Disposition
Application dismissed with costs
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