grace olotu martin vs ami ramadhani mpungwe 2022 tzca 766 2 december 2022

grace olotu martin vs ami ramadhani mpungwe 2022 tzca 766 2 december 2022

The applicant demonstrated that the suit property is her only dwelling since 2004 and would suffer loss if execution proceeds before the appeal is determined. She showed willingness to furnish security, and the court is satisfied that the cumulative requirements of rule 11(5)(a) and (b) are met. Therefore, stay of execution is granted, conditional upon deposit of a bank guarantee for the decree amount within 90 days.

Citation
grace olotu martin vs ami ramadhani mpungwe 2022 tzca 766 2 december 2022
Parties
Applicant: Grace Olotu Martin; Respondent: Ami Ramadhani Mpungwe
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
2 December 2022
Procedural Posture
Civil Application / Ruling on Application for Stay of Execution Pending Appeal
Outcome
Application granted with conditions
Legal Topics
Stay of Execution, Security for Due Performance, Substantial Loss, Appeal Process
Source Language
English
Civil Procedure Land Law Stay of Execution Security for Due Performance Substantial Loss Appeal Process

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Parties

Grace Olotu Martin

Applicant

Ami Ramadhani Mpungwe

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the applicant has met the conditions for stay of execution under rule 11 of the Tanzania Court of Appeal Rules
  2. 2 Whether the applicant will suffer substantial loss if stay is not granted
  3. 3 Whether the applicant has provided adequate security for due performance of the decree

Ratio Decidendi

The applicant demonstrated that the suit property is her only dwelling since 2004 and would suffer loss if execution proceeds before the appeal is determined. She showed willingness to furnish security, and the court is satisfied that the cumulative requirements of rule 11(5)(a) and (b) are met. Therefore, stay of execution is granted, conditional upon deposit of a bank guarantee for the decree amount within 90 days.

Court Disposition

Application granted with conditions

Orders

  • Execution of the High Court decree in Land Case No. 359 of 2014 is stayed pending hearing and determination of the intended appeal.
  • Applicant must deposit a bank guarantee of TZS 100,000,000 as security for due performance of the decree within 90 days from the date of the ruling.