mohamed ally rashid vs mkejian athuman mabuku 2022 tzca 543 7 september 2022

The applicant satisfied all cumulative conditions for stay of execution: timely application, demonstration of substantial loss, and firm undertaking to furnish security for due performance of the decree.

Citation: mohamed ally rashid vs mkejian athuman mabuku 2022 tzca 543 7 september 2022
Parties: Applicant: Mohamed Ally Rashid; 1st Respondent: Mkejina Athuman Mabuku (substituted by Salehe Rashidi Msagati); 2nd Respondent: The Director, Kinondoni Municipal Council
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 7 September 2022
Procedural Posture: Civil Application / Application for Stay of Execution Pending Appeal
Outcome: application granted
Legal Topics: Stay of Execution, Substantial Loss, Security for Due Performance, Timeliness of Application
Source Language: English

Civil Procedure Land Law Stay of Execution Substantial Loss Security for Due Performance Timeliness of Application

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Parties

Mohamed Ally Rashid

Applicant

Mkejina Athuman Mabuku (substituted by Salehe Rashidi Msagati)

1st Respondent

The Director, Kinondoni Municipal Council

2nd Respondent

Procedural Posture

Civil Application / Application for Stay of Execution Pending Appeal

Legal Issues

1 Whether the applicant has satisfied the cumulative conditions for stay of execution under Rule 11 of the Tanzania Court of Appeal Rules, 2009

Ratio Decidendi

Court Disposition

application granted

Orders

Execution of decree in Land Case No.400 of 2015 dated 20th November 2019 stayed pending hearing and determination of intended appeal.
Applicant to deposit a bank guarantee of Tshs.40,000,000/= within thirty (30) days from delivery of ruling.