CIVIL APPLICATION NO 315 08 OF 2024 JACOB JOSIA 2 OTHERS VS RUSIA JOSEPH

The applicants demonstrated that eviction would cause substantial loss not atonable by damages, and expressed willingness to furnish security. Therefore, all conditions for stay of execution pending appeal were met.

Source-derived case information.

Citation: CIVIL APPLICATION NO 315 08 OF 2024 JACOB JOSIA 2 OTHERS VS RUSIA JOSEPH
Parties: Applicant: Jacob Josia; Applicant: Mussa Ncheye; Applicant: Innocent Karugira; Respondent: Rusia Joseph
Court: TANZLII
Jurisdiction: Tanzania
Judgment Date: 1 January 2024
Procedural Posture: Civil Application / Ruling on Application for Stay of Execution Pending Appeal
Outcome: Application for stay of execution granted
Legal Topics: Stay of Execution, Substantial Loss, Security for Due Performance, Eviction, Appeal Process
Source Language: english

Civil Procedure Land Law Stay of Execution Substantial Loss Security for Due Performance Eviction Appeal Process

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Parties

Jacob Josia

Applicant

Mussa Ncheye

Applicant

Innocent Karugira

Applicant

Rusia Joseph

Respondent

Procedural Posture

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

Legal Issues

1 Whether the applicants demonstrated sufficient grounds for stay of execution pending appeal
2 Whether the applicants sufficiently explained the substantial loss they would suffer if stay is not granted

Ratio Decidendi

Court Disposition

Application for stay of execution granted

Orders

Execution of the Award in Execution No. 12 of 2024 is stayed pending hearing and determination of the intended appeal
Applicants must execute within fourteen days a written bond undertaking to vacate the suit land if the appeal is not decided in their favour

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CIVIL APPLICATION NO 315 08 OF 2024 JACOB JOSIA 2 OTHERS VS RUSIA JOSEPH

Summary, issues, holding and outcome

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Parties

Procedural Posture

Legal Issues

Ratio Decidendi

Court Disposition

Orders

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