romayan langaramu vs christopher pelo 2021 tzca 35 25 february 2021

romayan langaramu vs christopher pelo 2021 tzca 35 25 february 2021

The applicant met all statutory conditions for stay of execution: timely application, demonstration of potential substantial loss if execution proceeds, and provision of adequate security for due performance through a third party's property and affidavit.

Citation
romayan langaramu vs christopher pelo 2021 tzca 35 25 february 2021
Parties
Applicant: Lomayani Langaramu; Respondent: Christopher Pelo
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
25 February 2021
Procedural Posture
Civil Application / Application for Stay of Execution Pending Appeal
Outcome
application granted
Legal Topics
Stay of Execution, Security for Due Performance, Substantial Loss, Appeals
Source Language
English
Civil Procedure Land Law Stay of Execution Security for Due Performance Substantial Loss Appeals

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

Parties

Lomayani Langaramu

Applicant

Christopher Pelo

Respondent

Procedural Posture

Civil Application / Application for Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether the applicant has met the conditions for stay of execution under Rule 11 of the Tanzania Court of Appeal Rules, 2009

Ratio Decidendi

The applicant met all statutory conditions for stay of execution: timely application, demonstration of potential substantial loss if execution proceeds, and provision of adequate security for due performance through a third party's property and affidavit.

Court Disposition

application granted

Orders

  • Execution of the decree of the High Court in Land Case No. 5 of 2015 is stayed pending hearing and determination of the intended appeal.
  • The stay is conditional upon the applicant depositing the original certificate of customary right of occupancy, Title Deed No. l/ARS/36/32, in court within 14 days.