juma kassim kimvuli vs shaban swaleh sultan 2017 tzca 216 19 july 2017

juma kassim kimvuli vs shaban swaleh sultan 2017 tzca 216 19 july 2017

The applicant failed to satisfy the mandatory condition of providing security for the due performance of the decree as required under Rule 11(2)(d)(iii); therefore, the application for stay of execution cannot be granted.

Citation
juma kassim kimvuli vs shaban swaleh sultan 2017 tzca 216 19 july 2017
Parties
Applicant: Juma Kassim Kimvuli; Respondent: Shaban Swaleh Sultan
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
19 July 2017
Procedural Posture
Civil Application / Ruling on Application for Stay of Execution Pending Appeal
Outcome
Application dismissed with costs
Legal Topics
Stay of Execution, Conditions for Stay, Security for Performance, Substantial Loss
Source Language
English
Civil Procedure Land Law Stay of Execution Conditions for Stay Security for Performance Substantial Loss

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Parties

Juma Kassim Kimvuli

Applicant

Shaban Swaleh Sultan

Respondent

Procedural Posture

Civil Application / Ruling on Application for Stay of Execution Pending Appeal

Legal Issues

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

Ratio Decidendi

The applicant failed to satisfy the mandatory condition of providing security for the due performance of the decree as required under Rule 11(2)(d)(iii); therefore, the application for stay of execution cannot be granted.

Court Disposition

Application dismissed with costs

Orders

  • Application for stay of execution is dismissed with costs