CIVIL APPLICATION NO

The applicant complied with all conditions for stay of execution, including a sufficient undertaking to provide security for due performance. The Court is satisfied and grants the stay, conditional upon depositing a bank guarantee as security.

Citation: CIVIL APPLICATION NO
Parties: Applicant: Godfrey M. Nzowa; 1st Respondent: Seleman Kova; 2nd Respondent: Permanent Secretary Ministry of Works; 3rd Respondent: The Attorney General
Court: TANZLII
Jurisdiction: Tanzania
Judgment Date: 1 January 2024
Procedural Posture: Civil Application / Application for Stay of Execution Pending Appeal
Outcome: Application allowed
Legal Topics: Stay of Execution, Security for Due Performance, Appeals
Source Language: English

Civil Procedure Stay of Execution Security for Due Performance Appeals

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Parties

Godfrey M. Nzowa

Applicant

Seleman Kova

1st Respondent

Permanent Secretary Ministry of Works

2nd Respondent

The Attorney General

3rd Respondent

Procedural Posture

Civil Application / Application for Stay of Execution Pending Appeal

Legal Issues

1 Whether the applicant satisfied the conditions for stay of execution under Rule 11 of the Tanzania Court of Appeal Rules, 2009
2 Whether the applicant provided sufficient undertaking for security for due performance of the decree

Ratio Decidendi

Court Disposition

Application allowed

Orders

Execution of the decree in Land Case No. 12 of 2008 dated 17th March, 2023 is stayed pending hearing and determination of the appeal
Applicant to deposit a bank guarantee of US$ 14,400 as security for due performance of the decree within one month from the date of ruling