godfrey emmanuel malasy another vs prosper rweyendera 2016 tzca 853 12 august 2016

godfrey emmanuel malasy another vs prosper rweyendera 2016 tzca 853 12 august 2016

The applicants failed to provide a firm undertaking for security for costs as required by Rule 11(2)(d), and execution had already taken place, rendering the application for stay of execution moot and without merit.

Citation
godfrey emmanuel malasy another vs prosper rweyendera 2016 tzca 853 12 august 2016
Parties
Applicant: Godfrey Emmanuel Malassy; Applicant: City Christian Fellowship; Respondent: Prosper Rweyendera
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
12 August 2016
Procedural Posture
Civil Application / Ruling on Application for Stay of Execution Pending Appeal
Outcome
Application dismissed with costs
Legal Topics
Stay of Execution, Security for Costs, Eviction, Appeal Process
Source Language
English
Civil Procedure Land Law Stay of Execution Security for Costs Eviction Appeal Process

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Parties

Godfrey Emmanuel Malassy

Applicant

City Christian Fellowship

Applicant

Prosper Rweyendera

Respondent

Procedural Posture

Civil Application / Ruling on Application for Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether the applicants 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 application for stay of execution was overtaken by events due to execution already taking place

Ratio Decidendi

The applicants failed to provide a firm undertaking for security for costs as required by Rule 11(2)(d), and execution had already taken place, rendering the application for stay of execution moot and without merit.

Court Disposition

Application dismissed with costs

Orders

  • Application for stay of execution dismissed
  • Applicants to pay costs