efatha ministry vs js khambaita limited 2023 tzca 17618 12 september 2023

efatha ministry vs js khambaita limited 2023 tzca 17618 12 september 2023

Non-joinder of Moshi Municipal Council does not render the application incompetent as it is not a necessary party for the purposes of stay of execution. The applicant has fulfilled the requirements of Rule 11(5)(a) and (b) by demonstrating substantial loss and undertaking to provide security. Therefore, the application for stay of execution is granted upon execution of a bond to maintain the suit land in its current condition pending appeal.

Citation
efatha ministry vs js khambaita limited 2023 tzca 17618 12 september 2023
Parties
Applicant: Efatha Ministry; Respondent: J. S. Khamba Baita Limited
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
12 September 2023
Procedural Posture
Civil Application for Stay of Execution / Ruling on Preliminary Objection and Merits of Application for Stay of Execution Pending Appeal
Outcome
Application for stay of execution granted, preliminary objection overruled
Legal Topics
Stay of Execution, Joinder of Parties, Substantial Loss, Security for Due Performance
Source Language
English
Civil Procedure Land Law Stay of Execution Joinder of Parties Substantial Loss Security for Due Performance

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Parties

Efatha Ministry

Applicant

J. S. Khamba Baita Limited

Respondent

Procedural Posture

Civil Application for Stay of Execution / Ruling on Preliminary Objection and Merits of Application for Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether non-joinder of Moshi Municipal Council renders the application incompetent
  2. 2 Whether the applicant has satisfied the conditions for stay of execution under Rule 11(5)(a) and (b) of the Tanzania Court of Appeal Rules, 2009

Ratio Decidendi

Non-joinder of Moshi Municipal Council does not render the application incompetent as it is not a necessary party for the purposes of stay of execution. The applicant has fulfilled the requirements of Rule 11(5)(a) and (b) by demonstrating substantial loss and undertaking to provide security. Therefore, the application for stay of execution is granted upon execution of a bond to maintain the suit land in its current condition pending appeal.

Court Disposition

Application for stay of execution granted, preliminary objection overruled

Orders

  • Stay of execution of the decree of the High Court in Land Case No. 18 of 2015 dated 18th January, 2018 is granted pending hearing and determination of the intended appeal, conditional upon the applicant executing a bond within thirty (30) days to maintain the suit land in the same condition as at the time of the...
  • No order as to costs.