mwanza regional crimes officer others vs protas kashumba 2019 tzca 411 6 november 2019

mwanza regional crimes officer others vs protas kashumba 2019 tzca 411 6 november 2019

The applicants met all statutory requirements for stay of execution under Rule 11 of the Tanzania Court of Appeal Rules, and the balance of convenience favors the applicants as they may suffer substantial loss if execution proceeds and the appeal succeeds.

Citation
mwanza regional crimes officer others vs protas kashumba 2019 tzca 411 6 november 2019
Parties
Applicant: Mwanza Regional Crimes Officer; Applicant: SSP Goodluck Mongi; Applicant: The Attorney General; Respondent: Protas Kashumba
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
6 November 2019
Procedural Posture
Civil Application / Application for Stay of Execution Pending Appeal
Outcome
application granted
Legal Topics
Stay of Execution, Unlawful Imprisonment, Damages, Appeal Procedure
Source Language
English
Civil Procedure Tort Law Stay of Execution Unlawful Imprisonment Damages Appeal Procedure

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Parties

Mwanza Regional Crimes Officer

Applicant

SSP Goodluck Mongi

Applicant

The Attorney General

Applicant

Protas Kashumba

Respondent

Procedural Posture

Civil Application / Application for Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether the applicants have met the statutory conditions for stay of execution pending appeal
  2. 2 Whether the applicants will suffer substantial loss if execution is not stayed

Ratio Decidendi

The applicants met all statutory requirements for stay of execution under Rule 11 of the Tanzania Court of Appeal Rules, and the balance of convenience favors the applicants as they may suffer substantial loss if execution proceeds and the appeal succeeds.

Court Disposition

application granted

Orders

  • Stay of execution of the decree in Civil Case No. 19 of 2010, High Court at Mwanza, pending hearing and final determination of the intended appeal.
  • Order is conditional upon the applicants furnishing in Court a banker's guarantee for the decretal amount within sixty (60) days of the delivery of this order.