joseph anthony soares goha vs hussein so omary 2013 tzca 328 8 may 2013

The applicant failed to satisfy the cumulative conditions for stay of execution, particularly the requirement to furnish security, and thus the application lacks merit.

Citation: joseph anthony soares goha vs hussein so omary 2013 tzca 328 8 may 2013
Parties: Applicant: Joseph Anthony Soares @ Goha; Respondent: Hussein s/o Omary
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 8 May 2013
Procedural Posture: Civil Application / Application for Stay of Execution Pending Appeal
Outcome: application dismissed with costs
Legal Topics: Stay of Execution, Security for Stay, Auction Sales, Interpretation of Court Orders
Source Language: English

Civil Procedure Land Law Stay of Execution Security for Stay Auction Sales Interpretation of Court Orders

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Parties

Joseph Anthony Soares @ Goha

Applicant

Hussein s/o Omary

Respondent

Procedural Posture

Civil Application / Application for Stay of Execution Pending Appeal

Legal Issues

1 Whether the applicant is entitled to a stay of execution pending appeal under Rule 11 (2) (b), (c), and (d) of the Court of Appeal Rules, 2009
2 Whether the applicant has furnished adequate security as required by law

Ratio Decidendi

The applicant failed to satisfy the cumulative conditions for stay of execution, particularly the requirement to furnish security, and thus the application lacks merit.

Court Disposition

application dismissed with costs

Orders

application for stay of execution dismissed
costs awarded to respondent