CIVIL APPLICATION NO 376 17 OF 2024 EMMANUEL GITIGAN CHERABASTER VS SAID NASSOR SAID

CIVIL APPLICATION NO 376 17 OF 2024 EMMANUEL GITIGAN CHERABASTER VS SAID NASSOR SAID

The Court held that in the absence of a notice of appeal, Rule 4(2)(a) and (b) of the Rules may be invoked to grant a stay of execution pending determination of an application for extension of time to file revision, and that the applicant had satisfied the conditions of substantial loss and willingness to furnish security.

Citation
CIVIL APPLICATION NO 376 17 OF 2024 EMMANUEL GITIGAN CHERABASTER VS SAID NASSOR SAID
Parties
Applicant: Emmanuel Gitigan Cherabaster; Respondent: Said Nassor Said
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2024
Procedural Posture
Civil Application / Application for Stay of Execution Pending Determination of Application for Extension of Time to File Revision
Outcome
application granted
Legal Topics
Stay of Execution, Extension of Time, Security for Due Performance, Substantial Loss, Revision Proceedings
Source Language
English
Civil Procedure Land Law Stay of Execution Extension of Time Security for Due Performance Substantial Loss Revision Proceedings

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Parties

Emmanuel Gitigan Cherabaster

Applicant

Said Nassor Said

Respondent

Procedural Posture

Civil Application / Application for Stay of Execution Pending Determination of Application for Extension of Time to File Revision

Legal Issues

  1. 1 Whether the Court can grant a stay of execution pending determination of an application for extension of time to file revision under Rule 4(2)(a) and (b) of the Tanzania Court of Appeal Rules, 2009 (as amended)
  2. 2 Whether the applicant has satisfied the conditions for grant of stay of execution, namely substantial loss and security for due performance

Ratio Decidendi

The Court held that in the absence of a notice of appeal, Rule 4(2)(a) and (b) of the Rules may be invoked to grant a stay of execution pending determination of an application for extension of time to file revision, and that the applicant had satisfied the conditions of substantial loss and willingness to furnish security.

Court Disposition

application granted

Orders

  • Execution of the decree of the High Court in Land Case No. 190 of 2021 is stayed pending determination of Civil Application No. 356/17 of 2024.
  • Applicant to deposit in Court a bank guarantee in the sum of TZS 74,000,000 within one month from the date of the ruling.