RULING KINISON SINGOI VS JOHNSON SINGOI FINAL

RULING KINISON SINGOI VS JOHNSON SINGOI FINAL

The applicant failed to fulfill the cumulative conditions for stay of execution, specifically did not offer security for due performance, thus the application cannot be granted.

Citation
RULING KINISON SINGOI VS JOHNSON SINGOI FINAL
Parties
Applicant: Kinison Singoi; 1st Respondent: Johnson Singoi; 2nd Respondent: Planent Auction Mart Co. Ltd
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
10 December 2024
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Stay of Execution
Outcome
Application dismissed with costs
Legal Topics
Stay of Execution, Security for Costs, Irreparable Loss
Source Language
English
Civil Procedure Land Law Stay of Execution Security for Costs Irreparable Loss

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Parties

Kinison Singoi

Applicant

Johnson Singoi

1st Respondent

Planent Auction Mart Co. Ltd

2nd Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application for Stay of Execution

Legal Issues

  1. 1 Whether the application for stay of execution is meritorious
  2. 2 Whether the applicant has fulfilled the mandatory conditions for stay of execution

Ratio Decidendi

The applicant failed to fulfill the cumulative conditions for stay of execution, specifically did not offer security for due performance, thus the application cannot be granted.

Court Disposition

Application dismissed with costs

Orders

  • Application for stay of execution is dismissed
  • Applicant to pay costs