20180703 TZCA Arusha

20180703 TZCA Arusha

Applicants failed to provide sufficient evidence of substantial loss and did not commit to furnish security for the decretal sum as required by Rule 11(2)(d)(iii); only offered security for costs, which is insufficient.

Citation
20180703 TZCA Arusha
Parties
Applicant: Hai District Council; Applicant: Mwananchi Engineering and Contracting Company (MECCO); Respondent: Kilempu Kinoka Laizer; Respondent: Stephen Kimani Laizer; Respondent: Thomas Sinyock Laitayo; Respondent: Thomas Moringe Makesen; Respondent: S. Julias Kesoi Laitoyo; Respondent: Noel Mayasek Laitayok; Respondent: Richard Lerunda Molel; Respondent: Noah Kilempu Laizer; Respondent: Sinjore Thomas Laitayok; Respondent: Amiri Pangan; Respondent: Monica Jackson; Respondent: Charles Kaaya; Respondent: Lazarothomas Kuyakimani; Respondent: Maguya Mezeji; Respondent: Baraka Kenyatfa
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
3 July 2018
Procedural Posture
Civil Application / Ruling on Application for Stay of Execution
Outcome
application dismissed with costs
Legal Topics
Stay of Execution, Security for Costs, Mesne Profits
Source Language
English
Civil Procedure Land Law Stay of Execution Security for Costs Mesne Profits

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Parties

Hai District Council

Applicant

Mwananchi Engineering and Contracting Company (MECCO)

Applicant

Kilempu Kinoka Laizer

Respondent

Stephen Kimani Laizer

Respondent

Thomas Sinyock Laitayo

Respondent

Thomas Moringe Makesen

Respondent

S. Julias Kesoi Laitoyo

Respondent

Noel Mayasek Laitayok

Respondent

Richard Lerunda Molel

Respondent

Noah Kilempu Laizer

Respondent

Sinjore Thomas Laitayok

Respondent

Amiri Pangan

Respondent

Monica Jackson

Respondent

Charles Kaaya

Respondent

Lazarothomas Kuyakimani

Respondent

Maguya Mezeji

Respondent

Baraka Kenyatfa

Respondent

Procedural Posture

Civil Application / Ruling on Application for Stay of Execution

Legal Issues

  1. 1 Whether the applicants have satisfied the cumulative requirements for stay of execution under Rule 11(2) of the Tanzania Court of Appeal Rules, 2009

Ratio Decidendi

Applicants failed to provide sufficient evidence of substantial loss and did not commit to furnish security for the decretal sum as required by Rule 11(2)(d)(iii); only offered security for costs, which is insufficient.

Court Disposition

application dismissed with costs

Orders

  • application for stay of execution dismissed
  • costs awarded to respondents