jonas ernest mrema vs janeth elly temu 2019 tzca 205 6 july 2019

jonas ernest mrema vs janeth elly temu 2019 tzca 205 6 july 2019

The applicant satisfied all conditions under Rule 11(7) for stay of execution, including timely filing, attaching required documents, and undertaking to furnish security. The absence of leave to appeal is not a requirement for stay. The application is granted subject to surrendering registration documents of the matrimonial assets.

Citation
jonas ernest mrema vs janeth elly temu 2019 tzca 205 6 july 2019
Parties
Applicant: Jonas Ernest Mrema; Respondent: Janeth Elly Temu
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
6 July 2019
Procedural Posture
Civil Application / Application for Stay of Execution Pending Appeal
Outcome
application granted
Legal Topics
Stay of Execution, Matrimonial Asset Division, Appeal Procedure
Source Language
English
Family Law Civil Procedure Stay of Execution Matrimonial Asset Division Appeal Procedure

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 4 Party arguments 2
Sign in to unlock

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 satisfied the conditions for grant of stay of execution under Rule 11(7) of the Court of Appeal Rules
  2. 2 Whether the absence of leave to appeal affects the application for stay
  3. 3 Whether an undertaking to furnish security is sufficient for stay of execution

Ratio Decidendi

The applicant satisfied all conditions under Rule 11(7) for stay of execution, including timely filing, attaching required documents, and undertaking to furnish security. The absence of leave to appeal is not a requirement for stay. The application is granted subject to surrendering registration documents of the matrimonial assets.

Court Disposition

application granted

Orders

  • Stay of execution of Consolidated Civil Appeals No. 98 of 2017 and No. 143 of 2017 pending appeal.
  • Applicant to surrender to Registrar documents related to registration of Mashaka Guest House at Manzese (House No. MZS/KLM/85) and Music Recording Studio at Ubungo Shekilango (House No. UBU/NHC/120) within two weeks.