jonas ernest mrema vs janeth elly temu 2019 tzca 553 16 july 2019

jonas ernest mrema vs janeth elly temu 2019 tzca 553 16 july 2019

The applicant satisfied all cumulative requirements under Rule 11(7) for stay of execution, including timely filing, provision of necessary documents, and a sufficient undertaking to furnish security. The lack of asset valuation and pending leave to appeal did not bar the application.

Citation
jonas ernest mrema vs janeth elly temu 2019 tzca 553 16 july 2019
Parties
Applicant: Jonas Ernest Mrema; Respondent: Janeth Elly Temu
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
16 July 2019
Procedural Posture
Civil Application / Application for Stay of Execution Pending Appeal
Outcome
Application granted
Legal Topics
Stay of Execution, Matrimonial Assets, Appeal Procedure
Source Language
English
Family Law Civil Procedure Stay of Execution Matrimonial Assets Appeal Procedure

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Parties

Jonas Ernest Mrema

Applicant

Janeth Elly Temu

Respondent

Procedural Posture

Civil Application / Application for Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether the applicant has met the conditions for stay of execution under Rule 11(7) of the Tanzania Court of Appeal Rules, 2009 as amended
  2. 2 Whether an undertaking to furnish security for due performance is sufficient for granting stay of execution

Ratio Decidendi

The applicant satisfied all cumulative requirements under Rule 11(7) for stay of execution, including timely filing, provision of necessary documents, and a sufficient undertaking to furnish security. The lack of asset valuation and pending leave to appeal did not bar the application.

Court Disposition

Application granted

Orders

  • Stay of execution of Consolidated Civil Appeals No. 98 of 2017 and No. 143 of 2017 pending hearing and determination of the intended appeal, subject to the applicant surrendering registration documents of Mashaka Guest House and Music Recording Studio to the Registrar within two weeks.
  • No order as to costs.