CIVIL APPLICATION NO 226 02 OF 2024 MAGRETH THOMAS OLTU VS MATILDA T PHILIP 2 OTHERS

CIVIL APPLICATION NO 226 02 OF 2024 MAGRETH THOMAS OLTU VS MATILDA T PHILIP 2 OTHERS

The application for stay of execution is granted because the applicant complied with the procedural requirements, demonstrated potential substantial loss, and undertook to provide security. However, the security must be in the form of a bank guarantee equivalent to the value of the disputed shares, to be filed within sixty days, as only the Court can determine and hold such security.

Citation
CIVIL APPLICATION NO 226 02 OF 2024 MAGRETH THOMAS OLTU VS MATILDA T PHILIP 2 OTHERS
Parties
Applicant: Magreth Thomas Olotu; 1st Respondent: Matilda T. Philip; 2nd Respondent: Elvaison E. Maro; 3rd Respondent: Rejendra O. Saraiya
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2024
Procedural Posture
Civil Application / Ruling on Application for Stay of Execution Pending Appeal
Outcome
Application granted with conditions
Legal Topics
Stay of Execution, Security for Due Performance, Appeals, Estate Shares
Source Language
English
Civil Procedure Estate Administration Stay of Execution Security for Due Performance Appeals Estate Shares

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 6 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Magreth Thomas Olotu

Applicant

Matilda T. Philip

1st Respondent

Elvaison E. Maro

2nd Respondent

Rejendra O. Saraiya

3rd Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the applicant has met the threshold for grant of stay of execution pending appeal
  2. 2 Whether security for due performance is required and in what form

Ratio Decidendi

The application for stay of execution is granted because the applicant complied with the procedural requirements, demonstrated potential substantial loss, and undertook to provide security. However, the security must be in the form of a bank guarantee equivalent to the value of the disputed shares, to be filed within sixty days, as only the Court can determine and hold such security.

Court Disposition

Application granted with conditions

Orders

  • Stay of execution of the High Court decision dated 26/10/2023 in Misc. Civil Application No. 111 of 2020 is granted pending appeal.
  • Applicant must file a bank guarantee equivalent to the value of the disputed shares as determined by the Taxing Officer within sixty days.