20140318 TZCA Arusha

20140318 TZCA Arusha

The applicant failed to comply with the mandatory requirement to furnish security for due performance as required by Rule 11(2)(d)(iii) of the Court of Appeal Rules, 2009; therefore, the application for stay of execution is dismissed.

Citation
20140318 TZCA Arusha
Parties
Applicant: Jubilate Benjamin Ulomi; Respondent: Mako Mining Co. Ltd.
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
18 March 2014
Procedural Posture
Civil Application / Application for Stay of Execution Pending Appeal
Outcome
application dismissed
Legal Topics
Stay of Execution, Appeals, Security for Performance, Breach of Contract, Damages
Source Language
English
Civil Procedure Stay of Execution Appeals Security for Performance Breach of Contract Damages

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 7 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Jubilate Benjamin Ulomi

Applicant

Mako Mining Co. Ltd.

Respondent

Procedural Posture

Civil Application / Application for Stay of Execution Pending Appeal

Legal Issues

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

Ratio Decidendi

The applicant failed to comply with the mandatory requirement to furnish security for due performance as required by Rule 11(2)(d)(iii) of the Court of Appeal Rules, 2009; therefore, the application for stay of execution is dismissed.

Court Disposition

application dismissed

Orders

  • Each party to bear own costs