20150328 TZCA Mwanza

20150328 TZCA Mwanza

The applicants satisfied the statutory conditions for stay of execution by filing the application within time, offering security for the decretal sum, and demonstrating risk of substantial loss if execution proceeds and the appeal succeeds, given the respondent's limited means.

Citation
20150328 TZCA Mwanza
Parties
Applicant: Manjit Singh Sandhu; Applicant: Shoila Hassanali; Applicant: Hotel Tilapia Limited; Respondent: Robiri R. Robiri
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
28 March 2015
Procedural Posture
Civil Application / Application for Stay of Execution Pending Appeal
Outcome
Application allowed
Legal Topics
Stay of Execution, Appeals, Security for Performance, Defamation, Malicious Prosecution
Source Language
English
Civil Procedure Stay of Execution Appeals Security for Performance Defamation Malicious Prosecution

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Parties

Manjit Singh Sandhu

Applicant

Shoila Hassanali

Applicant

Hotel Tilapia Limited

Applicant

Robiri R. Robiri

Respondent

Procedural Posture

Civil Application / Application for Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether the applicants have satisfied the conditions for grant of stay of execution pending appeal under Rule 11(2) of the Tanzania Court of Appeal Rules, 2009.

Ratio Decidendi

The applicants satisfied the statutory conditions for stay of execution by filing the application within time, offering security for the decretal sum, and demonstrating risk of substantial loss if execution proceeds and the appeal succeeds, given the respondent's limited means.

Court Disposition

Application allowed

Orders

  • Stay of execution of the High Court decree in Civil Case No. 13 of 1999 granted, conditional upon the applicant depositing a bank guarantee equal to the decretal sum within 21 days of the ruling.
  • No order as to costs.