CIVIL APPLICATION NO 426 17 OF 2024 GRACE MPONJI 2 OTHERS VS MUSTAFA SEIF NGANE

CIVIL APPLICATION NO 426 17 OF 2024 GRACE MPONJI 2 OTHERS VS MUSTAFA SEIF NGANE

The applicants fulfilled all conditions for stay of execution under Rule 11(5) of the Rules by filing within time, showing willingness to provide security, and demonstrating that execution would cause irreparable loss and render the appeal nugatory.

Source-derived case information.

Citation
CIVIL APPLICATION NO 426 17 OF 2024 GRACE MPONJI 2 OTHERS VS MUSTAFA SEIF NGANE
Parties
Applicant: Grace Mponji; Applicant: Queen Mbando; Applicant: Amani John Kimaro; Respondent: Mustafa Seif Ngane
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2024
Procedural Posture
Civil Application / Application for Stay of Execution Pending Appeal
Outcome
Application granted
Legal Topics
Stay of Execution, Exparte Judgment, Security for Due Performance, Irreparable Loss
Source Language
english
Civil Procedure Land Law Stay of Execution Exparte Judgment Security for Due Performance Irreparable Loss

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Parties

Grace Mponji

Applicant

Queen Mbando

Applicant

Amani John Kimaro

Applicant

Mustafa Seif Ngane

Respondent

Procedural Posture

Civil Application / Application for Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether the applicants have met the conditions for stay of execution under Rule 11 of the Tanzania Court of Appeal Rules, 2009

Ratio Decidendi

The applicants fulfilled all conditions for stay of execution under Rule 11(5) of the Rules by filing within time, showing willingness to provide security, and demonstrating that execution would cause irreparable loss and render the appeal nugatory.

Court Disposition

Application granted

Orders

  • Execution of the Judgment and Decree of the High Court (Land Division) in Land Case No. 60 of 2022 is stayed pending hearing and determination of Civil Appeal No. 800 of 2023.
  • Applicants to deposit a Bank's Guarantee covering the value of the disputed land to the tune of 5 million Shillings as security for due performance of the decree within thirty days from the date of delivery of this Ruling.