juma hamisi vs mwanamkasi ramadhani 2015 tzca 280 27 february 2015

The applicant failed to furnish acceptable security for the due performance of the decree as required by Rule 11(2)(d), rendering the application for stay of execution without merit.

Citation: juma hamisi vs mwanamkasi ramadhani 2015 tzca 280 27 february 2015
Parties: Applicant: Juma Hamisi; Respondent: Mwanamkasi Ramadhani
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 27 February 2015
Procedural Posture: Civil Application / Application for Stay of Execution
Outcome: application dismissed with costs
Legal Topics: Stay of Execution, Security for Performance, Appeal Process
Source Language: English

Civil Procedure Land Law Stay of Execution Security for Performance Appeal Process

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Parties

Juma Hamisi

Applicant

Mwanamkasi Ramadhani

Respondent

Procedural Posture

Civil Application / Application for Stay of Execution

Legal Issues

1 Whether the applicant satisfied all conditions for stay of execution under Rule 11(2)(b),(c),(d) of the Tanzania Court of Appeal Rules, 2009
2 Whether disputed property can be offered as security for due performance of decree

Ratio Decidendi

The applicant failed to furnish acceptable security for the due performance of the decree as required by Rule 11(2)(d), rendering the application for stay of execution without merit.

Court Disposition

application dismissed with costs

Orders

application for stay of execution dismissed
costs awarded to respondent