20160224 TZCA Arusha 1

Application for stay of execution is incompetent due to failure to serve Notice of Appeal to respondent and failure to furnish valid security or make a firm undertaking as required by law.

Citation: 20160224 TZCA Arusha 1
Parties: Applicant: Martha Matambi; Applicant: Jumanne B. Matambi (administrator); Respondent: Alois Boniface
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 24 February 2016
Procedural Posture: Civil Application / Ruling on Application for Stay of Execution
Outcome: application dismissed with costs
Legal Topics: Stay of Execution, Service of Notice of Appeal, Security for Costs
Source Language: English

Civil Procedure Land Law Stay of Execution Service of Notice of Appeal Security for Costs

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Parties

Martha Matambi

Applicant

Jumanne B. Matambi (administrator)

Applicant

Alois Boniface

Respondent

Procedural Posture

Civil Application / Ruling on Application for Stay of Execution

Legal Issues

1 Whether failure to serve Notice of Appeal renders application for stay of execution incompetent
2 Whether applicants furnished adequate security for costs as required by law

Ratio Decidendi

Application for stay of execution is incompetent due to failure to serve Notice of Appeal to respondent and failure to furnish valid security or make a firm undertaking as required by law.

Court Disposition

application dismissed with costs

Orders

application for stay of execution dismissed
costs awarded to respondent