juto ally vs lukas komba another 2020 tzca 1829 2 november 2020

juto ally vs lukas komba another 2020 tzca 1829 2 november 2020

Stay of execution cannot be granted after execution has been carried out, and the disputed property cannot be offered as security when the decree has adjudged it to the respondent; applicant failed to fulfill cumulative conditions for stay.

Citation
juto ally vs lukas komba another 2020 tzca 1829 2 november 2020
Parties
Applicant: Juto Ally; Respondent: Lucas Komba; Respondent: Aloyce Msafiri Musika
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
2 November 2020
Procedural Posture
Civil Application for Stay of Execution / Ruling on Application for Stay Pending Appeal
Outcome
application dismissed
Legal Topics
Stay of Execution, Security for Due Performance, Substantial Loss, Execution of Decree
Source Language
English
Civil Procedure Land Law Stay of Execution Security for Due Performance Substantial Loss Execution of Decree

Case Brief

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Parties

Juto Ally

Applicant

Lucas Komba

Respondent

Aloyce Msafiri Musika

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether stay of execution can be granted after execution has already been carried out
  2. 2 Whether the disputed property can be offered as security for due performance of the decree

Ratio Decidendi

Stay of execution cannot be granted after execution has been carried out, and the disputed property cannot be offered as security when the decree has adjudged it to the respondent; applicant failed to fulfill cumulative conditions for stay.

Court Disposition

application dismissed

Orders

  • no order for costs