hydrox industrial services ltd another vs crdb 1996 ltd others 2018 tzca 348 19 december 2018

hydrox industrial services ltd another vs crdb 1996 ltd others 2018 tzca 348 19 december 2018

The applicants failed to furnish security for due performance of the decree as required by Rule 11(2)(d); thus, they did not cumulatively satisfy the legal conditions for grant of stay of execution.

Citation
hydrox industrial services ltd another vs crdb 1996 ltd others 2018 tzca 348 19 december 2018
Parties
Applicant: Hydrox Industrial Services Ltd.; Applicant: Dickson Kashura; Respondent: CRDB (1996) Ltd.; Respondent: Angelo Pastory Muta; Respondent: Oldonyo Lengai Auction Mart
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
19 December 2018
Procedural Posture
Civil Application / Ruling on Application for Stay of Execution Pending Appeal
Outcome
Application dismissed with costs
Legal Topics
Stay of Execution, Security for Due Performance, Appeals, Mortgage Enforcement
Source Language
English
Civil Procedure Stay of Execution Security for Due Performance Appeals Mortgage Enforcement

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Parties

Hydrox Industrial Services Ltd.

Applicant

Dickson Kashura

Applicant

CRDB (1996) Ltd.

Respondent

Angelo Pastory Muta

Respondent

Oldonyo Lengai Auction Mart

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the applicants satisfied the conditions for grant of stay of execution under Rule 11(2)(b)-(d) of the Court of Appeal Rules, 2009

Ratio Decidendi

The applicants failed to furnish security for due performance of the decree as required by Rule 11(2)(d); thus, they did not cumulatively satisfy the legal conditions for grant of stay of execution.

Court Disposition

Application dismissed with costs

Orders

  • Application for stay of execution is dismissed with costs