godebertha lukanga vs crdb bank ltd others 2017 tzca 170 29 june 2017

godebertha lukanga vs crdb bank ltd others 2017 tzca 170 29 june 2017

The applicant satisfied all conditions for stay of execution by timely filing, showing substantial loss, and making a firm undertaking to provide security. The interests of justice require maintenance of status quo pending appeal, especially as the subject is immovable property and the applicant has no alternative residence.

Citation
godebertha lukanga vs crdb bank ltd others 2017 tzca 170 29 june 2017
Parties
Applicant: Godebertha Rukanga; Respondent: CRDB Bank Limited; Respondent: Yono Auction Mart; Respondent: Prosper Peter Siriwa; Respondent: Angel Prosper Peter
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
29 June 2017
Procedural Posture
Civil Application / Application for Stay of Execution Pending Appeal
Outcome
Stay of execution granted, conditional on provision of security
Legal Topics
Stay of Execution, Appeals, Security for Performance, Irregular Sale of Mortgaged Property
Source Language
English
Civil Procedure Land Law Stay of Execution Appeals Security for Performance Irregular Sale of Mortgaged Property

Case Brief

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Parties

Godebertha Rukanga

Applicant

CRDB Bank Limited

Respondent

Yono Auction Mart

Respondent

Prosper Peter Siriwa

Respondent

Angel Prosper Peter

Respondent

Procedural Posture

Civil Application / Application for Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether the applicant has satisfied the conditions for grant of stay of execution under Rule 11(2) of the Tanzania Court of Appeal Rules, 2009
  2. 2 Whether the applicant will suffer substantial loss if stay is not granted
  3. 3 Whether the applicant has made a firm undertaking to provide security for due performance of the decree

Ratio Decidendi

The applicant satisfied all conditions for stay of execution by timely filing, showing substantial loss, and making a firm undertaking to provide security. The interests of justice require maintenance of status quo pending appeal, especially as the subject is immovable property and the applicant has no alternative residence.

Court Disposition

Stay of execution granted, conditional on provision of security

Orders

  • Stay of execution of the decree in Land Case No. 73 of 2006 granted, subject to applicant depositing Tshs. 10,000,000 in Court within 30 days to assure satisfaction of judgment if appeal fails.
  • Costs are in the cause.