gilbert zebedayo mrema vs mohamed issa makongoro 2020 tzca 48 16 march 2020

gilbert zebedayo mrema vs mohamed issa makongoro 2020 tzca 48 16 march 2020

The applicant satisfied all mandatory conditions for stay of execution under Rule 11 of the Court of Appeal Rules, including timely filing, demonstration of substantial loss, and a firm undertaking to provide security. Absence of a rebuttal affidavit from the respondent meant the applicant's evidence stood unchallenged.

Citation
gilbert zebedayo mrema vs mohamed issa makongoro 2020 tzca 48 16 march 2020
Parties
Applicant: Gilbert Zebadayo Mrema; Respondent: Mohamed Issa Makongoro
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
16 March 2020
Procedural Posture
Civil Application for Stay of Execution / Ruling on Application for Stay of Execution Pending Appeal
Outcome
Application allowed
Legal Topics
Stay of Execution, Security for Due Performance, Substantial Loss, Appeals
Source Language
English
Civil Procedure Land Law Stay of Execution Security for Due Performance Substantial Loss Appeals

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Parties

Gilbert Zebadayo Mrema

Applicant

Mohamed Issa Makongoro

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 grant of stay of execution under Rule 11 of the Court of Appeal Rules

Ratio Decidendi

The applicant satisfied all mandatory conditions for stay of execution under Rule 11 of the Court of Appeal Rules, including timely filing, demonstration of substantial loss, and a firm undertaking to provide security. Absence of a rebuttal affidavit from the respondent meant the applicant's evidence stood unchallenged.

Court Disposition

Application allowed

Orders

  • Stay of execution of the decree in Land Case No. 107 of 2015 dated 22 February 2018 is granted pending appeal.
  • Order is conditional upon applicant depositing a Bank's Guarantee covering TZS 300,000,000.00 within one month from the date of ruling.