19981029 TZHC Dar es Salaam 1

19981029 TZHC Dar es Salaam 1

The applicant failed to fully comply with the mandatory requirements of Order 39 Rule 5(3) of the Civil Procedure Code, particularly the requirement to provide security for due performance. The property in dispute cannot be regarded as security, especially as it has already been sold to a third party. Therefore, the application for stay of execution is dismissed.

Citation
19981029 TZHC Dar es Salaam 1
Parties
Applicant/appellant: Omari Mgeni; Respondent: Mohamed Hamid
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
29 October 1998
Procedural Posture
Civil Appeal / Application for Stay of Execution Pending Appeal
Outcome
application dismissed with costs
Legal Topics
Stay of Execution, Injunctions, Mortgage and Foreclosure, Eviction
Source Language
English
Civil Procedure Property Law Stay of Execution Injunctions Mortgage and Foreclosure Eviction

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Parties

Omari Mgeni

Applicant/appellant

Mohamed Hamid

Respondent

Procedural Posture

Civil Appeal / Application for Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether the applicant is entitled to an order staying execution of the decree pending appeal under Order 39 Rule 5(3) of the Civil Procedure Code

Ratio Decidendi

The applicant failed to fully comply with the mandatory requirements of Order 39 Rule 5(3) of the Civil Procedure Code, particularly the requirement to provide security for due performance. The property in dispute cannot be regarded as security, especially as it has already been sold to a third party. Therefore, the application for stay of execution is dismissed.

Court Disposition

application dismissed with costs

Orders

  • application for stay of execution dismissed
  • costs awarded to respondent