CIVIL APPLICATION NO 674 17 OF 2024 MICHAEL NYAMIKA VS TATU SELEMANI TULIENI AND 5 OTHERS

CIVIL APPLICATION NO 674 17 OF 2024 MICHAEL NYAMIKA VS TATU SELEMANI TULIENI AND 5 OTHERS

The applicant satisfied all mandatory requirements under rule 11 of the Tanzania Court of Appeal Rules, including timely filing, annexing required documents, firm undertaking to furnish security, and demonstration of substantial loss; therefore, stay of execution is granted pending appeal.

Source-derived case information.

Citation
CIVIL APPLICATION NO 674 17 OF 2024 MICHAEL NYAMIKA VS TATU SELEMANI TULIENI AND 5 OTHERS
Parties
Applicant: Michael Makanika Nyamika; 1st Respondent: Tatu Selemani Tulieni; 2nd Respondent: Tatu Selemani Tulieni (As administrator of the estate of Ismail Omary Kaole, deceased); 3rd Respondent: Amandus Kimaro; 4th Respondent: Zero Auction Mart & Court Broker; 5th Respondent: Erick Auction Mart & Court Broker; 6th Respondent: Noel Estate Company Limited
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2024
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, Timeliness of Application
Source Language
english
Civil Procedure Land Law Stay of Execution Security for Due Performance Substantial Loss Timeliness of Application

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Parties

Michael Makanika Nyamika

Applicant

Tatu Selemani Tulieni

1st Respondent

Tatu Selemani Tulieni (As administrator of the estate of Ismail Omary Kaole, deceased)

2nd Respondent

Amandus Kimaro

3rd Respondent

Zero Auction Mart & Court Broker

4th Respondent

Erick Auction Mart & Court Broker

5th Respondent

Noel Estate Company Limited

6th Respondent

Procedural Posture

Civil Application / Application for Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether the application for stay of execution meets the requirements under rule 11 of the Tanzania Court of Appeal Rules
  2. 2 Whether the applicant has made a firm undertaking to furnish security
  3. 3 Whether substantial loss or undue hardship would be occasioned if execution proceeds

Ratio Decidendi

The applicant satisfied all mandatory requirements under rule 11 of the Tanzania Court of Appeal Rules, including timely filing, annexing required documents, firm undertaking to furnish security, and demonstration of substantial loss; therefore, stay of execution is granted pending appeal.

Court Disposition

application granted

Orders

  • Stay of execution of the decree of the High Court of Tanzania (Land Division) at Dar es Salaam in Land Case No. 97 of 2022 pending appeal.
  • Applicant shall desist from disposing of or alienating the disputed property (Plot No. 431 Block 'G', Tabata area, Ilala District, Dar es Salaam, Certificate of Title No. 42356).