mohamed enterprises t ltd vs mussa shaban chekechea 2019 tzca 449 24 october 2019

The applicant filed the application within the prescribed period after service of notice of execution, demonstrated risk of substantial loss due to inability of respondent to refund the decretal sum, and provided security for due performance; thus, stay of execution is warranted.

Citation: mohamed enterprises t ltd vs mussa shaban chekechea 2019 tzca 449 24 october 2019
Parties: Applicant: Mohamed Enterprises (T) Ltd; Respondent: Mussa Shaban Chekechea
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 24 October 2019
Procedural Posture: Civil Application / Application for Stay of Execution Pending Appeal
Outcome: Application allowed
Legal Topics: Stay of Execution, Appeal, Security for Due Performance
Source Language: English

Civil Procedure Stay of Execution Appeal Security for Due Performance

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Full judgment text Downloadable case file Legal principles 1 Authorities cited 4 Party arguments 2 Amounts and remedies 1

Parties

Mohamed Enterprises (T) Ltd

Applicant

Mussa Shaban Chekechea

Respondent

Procedural Posture

Civil Application / Application for Stay of Execution Pending Appeal

Legal Issues

1 Whether the applicant satisfied the conditions for stay of execution under Rule 11 of the Court of Appeal Rules
2 Whether the application was filed within the prescribed period
3 Whether substantial loss may result to the applicant if stay is not granted

Ratio Decidendi

Court Disposition

Application allowed

Orders

Decree in Civil Case No. 6 of 2009 dated 27th October, 2014 is stayed pending hearing and determination of appeal.
Deposit of TZS. 100,000,000.00 made by applicant shall continue as security for due performance of the decree.