CIVIL APPLICATION NO 279 8 OF 2024 MAPIUS OTIENO VS MACHIMU MAYARA

CIVIL APPLICATION NO 279 8 OF 2024 MAPIUS OTIENO VS MACHIMU MAYARA

The application for stay of execution satisfies all cumulative conditions under Rule 11(5) of the Tanzania Court of Appeal Rules, 2009, including timely filing, risk of substantial loss through eviction, and provision of sufficient security. Eviction from the farm constitutes substantial loss, and a commitment bond to maintain the property suffices as security.

Citation
CIVIL APPLICATION NO 279 8 OF 2024 MAPIUS OTIENO VS MACHIMU MAYARA
Parties
Applicant: Mapius Otieno; Respondent: Machimu Mayara
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2024
Procedural Posture
Civil Application for Stay of Execution / Ruling on Application for Stay Pending Appeal
Outcome
Application granted; stay of execution ordered pending appeal.
Legal Topics
Stay of Execution, Substantial Loss, Security for Decree, Eviction, Appeal Pending
Source Language
English
Civil Procedure Land Law Stay of Execution Substantial Loss Security for Decree Eviction Appeal Pending

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Parties

Mapius Otieno

Applicant

Machimu Mayara

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the application for stay of execution meets the cumulative conditions under Rule 11(5) of the Tanzania Court of Appeal Rules, 2009
  2. 2 Whether eviction from the suit property constitutes substantial loss warranting stay
  3. 3 Whether security for due performance has been furnished

Ratio Decidendi

The application for stay of execution satisfies all cumulative conditions under Rule 11(5) of the Tanzania Court of Appeal Rules, 2009, including timely filing, risk of substantial loss through eviction, and provision of sufficient security. Eviction from the farm constitutes substantial loss, and a commitment bond to maintain the property suffices as security.

Court Disposition

Application granted; stay of execution ordered pending appeal.

Orders

  • Execution of decree in Land Application No. 85/2022 as confirmed in Land Appeal No. 32 of 2023 is stayed pending determination of intended appeal.
  • Applicant must execute a commitment bond to maintain the suit property in same condition as at date of decree.