19900601 TZCA Dar es Salaam

Stay of execution is reasonable and fair since applicant has deposited the claimed amount and is appealing; security for costs and interest to be furnished by depositing title deeds.

Citation: 19900601 TZCA Dar es Salaam
Parties: Applicant: Mohamed Molar; Security Provider: Abdullah Saleha; Respondent: Respondent
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 1 June 1990
Procedural Posture: Civil / Application for Stay of Execution Pending Appeal
Outcome: stay granted, High Court order set aside
Legal Topics: Stay of Execution, Security for Costs, Appeal
Source Language: English

Civil Procedure Stay of Execution Security for Costs Appeal

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Parties

Mohamed Molar

Applicant

Abdullah Saleha

Security Provider

Respondent

Procedural Posture

Civil / Application for Stay of Execution Pending Appeal

Legal Issues

1 Whether stay of execution should be granted pending appeal
2 Whether security for costs and interest should be furnished

Ratio Decidendi

Stay of execution is reasonable and fair since applicant has deposited the claimed amount and is appealing; security for costs and interest to be furnished by depositing title deeds.

Court Disposition

stay granted, High Court order set aside

Orders

Applicant to furnish security by depositing title deeds for Plots Nos. 61, 62, 63, and 64 Block 9 Keko Juu, Dar es Salaam
Amount of Shs. 5,000,000/= deposited by applicant to be paid back