CIVIL APPLICATION NO 627 17 OF 2023 DUNCAN SHILLY NKYA VS OYSTERBAY HOSPITAL CO

CIVIL APPLICATION NO 627 17 OF 2023 DUNCAN SHILLY NKYA VS OYSTERBAY HOSPITAL CO

The applicant complied with all statutory requirements for stay of execution, including timely filing, demonstration of potential substantial loss, and a sufficient undertaking to provide security. Therefore, stay of execution is granted on condition of furnishing a bank guarantee for the decreed sum within 30 days.

Citation
CIVIL APPLICATION NO 627 17 OF 2023 DUNCAN SHILLY NKYA VS OYSTERBAY HOSPITAL CO
Parties
Applicant: Duncan Shilly Nkya; 1st Respondent: Oysterbay Hospital Co. Ltd; 2nd Respondent: Kiwango Security Co. Ltd
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2023
Procedural Posture
Civil Application for Stay of Execution / Ruling on Application for Stay of Execution Pending Appeal
Outcome
Application granted
Legal Topics
Stay of Execution, Right to Be Heard, Security for Due Performance, Ex Parte Judgment
Source Language
English
Civil Procedure Land Law Stay of Execution Right to Be Heard Security for Due Performance Ex Parte Judgment

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Parties

Duncan Shilly Nkya

Applicant

Oysterbay Hospital Co. Ltd

1st Respondent

Kiwango Security Co. Ltd

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 has met the statutory requirements for stay of execution under Rule 11 of the Tanzania Court of Appeal Rules, 2009
  2. 2 Whether the application for stay was filed within the prescribed time
  3. 3 Whether substantial loss would result to the applicant if stay is not granted

Ratio Decidendi

The applicant complied with all statutory requirements for stay of execution, including timely filing, demonstration of potential substantial loss, and a sufficient undertaking to provide security. Therefore, stay of execution is granted on condition of furnishing a bank guarantee for the decreed sum within 30 days.

Court Disposition

Application granted

Orders

  • Stay of execution of the High Court decree in Land Case No. 37 of 2017 is granted pending appeal, conditional upon the applicant depositing a bank guarantee for TZS 350,000,000.00 in Court within 30 days; the guarantee to remain in force until determination of the appeal; in default, the stay lapses automatically.
  • Costs incidental to this application shall follow the event in the intended appeal.