jonas bethwel temba vs paul kisamo another 2014 tzca 225 17 september 2014

jonas bethwel temba vs paul kisamo another 2014 tzca 225 17 september 2014

The applicant failed to demonstrate substantial loss and did not provide security for due performance as required by Rule 11(2)(d); therefore, the application for stay of execution cannot be granted.

Citation
jonas bethwel temba vs paul kisamo another 2014 tzca 225 17 september 2014
Parties
Applicant: Jonas Bethwel Temba; 1st Respondent: Paulo Kisamo; 2nd Respondent: Frank B. Manjuu
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
17 September 2014
Procedural Posture
Civil Application / Application for Stay of Execution Pending Appeal
Outcome
application dismissed with costs
Legal Topics
Stay of Execution, Appeals, Security for Due Performance, Substantial Loss
Source Language
English
Civil Procedure Stay of Execution Appeals Security for Due Performance Substantial Loss

Case Brief

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Parties

Jonas Bethwel Temba

Applicant

Paulo Kisamo

1st Respondent

Frank B. Manjuu

2nd Respondent

Procedural Posture

Civil Application / Application for Stay of Execution Pending Appeal

Legal Issues

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

Ratio Decidendi

The applicant failed to demonstrate substantial loss and did not provide security for due performance as required by Rule 11(2)(d); therefore, the application for stay of execution cannot be granted.

Court Disposition

application dismissed with costs

Orders

  • Application for stay of execution is dismissed with costs.