20140514 TZCA Mwanza

20140514 TZCA Mwanza

The applicant failed to fulfill the mandatory requirement of providing security for due performance or making a firm undertaking to do so; all three conditions under Rule 11(2)(d) must be met conjunctively for a stay order to be granted.

Citation
20140514 TZCA Mwanza
Parties
Applicant: Jo Ramu Biswalo; Respondent: Hamis Richard
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
14 May 2014
Procedural Posture
Civil Application for Stay of Execution / Ruling on Application for Stay of Execution Pending Appeal
Outcome
application dismissed with costs
Legal Topics
Stay of Execution, Appeals, Security for Due Performance
Source Language
English
Civil Procedure Stay of Execution Appeals Security for Due Performance

Case Brief

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Parties

Jo Ramu Biswalo

Applicant

Hamis Richard

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the applicant satisfied the three cumulative preconditions for a stay of execution under Rule 11(2)(d) of the Court of Appeal Rules, 2009

Ratio Decidendi

The applicant failed to fulfill the mandatory requirement of providing security for due performance or making a firm undertaking to do so; all three conditions under Rule 11(2)(d) must be met conjunctively for a stay order to be granted.

Court Disposition

application dismissed with costs

Orders

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