CIVIL APPLICATION NO 333 01 OF 2024 HELLEN CHANUA SAWERE VS DAVID JOHN ADAMS ANOTHER

The applicant satisfied the mandatory requirements for stay of execution by timely filing, showing risk of substantial loss if evicted from the matrimonial home, and providing a firm undertaking to maintain the status quo as security. Therefore, stay of execution is granted pending appeal, conditioned on execution...

Source-derived case information.

Citation: CIVIL APPLICATION NO 333 01 OF 2024 HELLEN CHANUA SAWERE VS DAVID JOHN ADAMS ANOTHER
Parties: Applicant: Helen Chanua Sawere; 1st Respondent: David John Adam S.; 2nd Respondent: Daniel Mbuga, Court Broker
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, Matrimonial Property, Appeal Procedure
Source Language: english

Civil Procedure Family Law Stay of Execution Matrimonial Property Appeal Procedure

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Full judgment text Downloadable case file Legal principles 4 Authorities cited 9 Party arguments 2 Amounts and remedies 4

Parties

Helen Chanua Sawere

Applicant

David John Adam S.

1st Respondent

Daniel Mbuga, Court Broker

2nd Respondent

Procedural Posture

Civil Application / Application for Stay of Execution Pending Appeal

Legal Issues

1 Whether the applicant satisfied the conditions for grant of stay of execution pending appeal

Ratio Decidendi

Court Disposition

Application granted

Orders

Stay of execution of the decree of the District Court of Kinondoni at Kinondoni in Matrimonial Cause No. 103 of 2014 is granted pending hearing and determination of the intended appeal.
Applicant to execute, within 30 days, a bond committing to maintain the status quo of the suit properties.

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