nacky esther nyange vs msmariam marijani wilmore another 2021 tzca 345 2 august 2021

Applicant met requirements under Rule 11(5)(a) and (b); substantial loss would occur if evicted, and a firm undertaking to execute a bond is sufficient security. Stay of execution is granted pending appeal.

Citation: nacky esther nyange vs msmariam marijani wilmore another 2021 tzca 345 2 august 2021
Parties: Applicant: Nacky Esther Nyange; 1st Respondent: Mrs. Mariam Marijani Wilmore; 2nd Respondent: Mihayo Marijani Wilmore
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 2 August 2021
Procedural Posture: Civil Application / Ruling on Application for Stay of Execution
Outcome: Application granted
Legal Topics: Stay of Execution, Security for Performance, Substantial Loss, Matrimonial Property
Source Language: English

Civil Procedure Stay of Execution Security for Performance Substantial Loss Matrimonial Property

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Parties

Nacky Esther Nyange

Applicant

Mrs. Mariam Marijani Wilmore

1st Respondent

Mihayo Marijani Wilmore

2nd Respondent

Procedural Posture

Civil Application / Ruling on Application for Stay of Execution

Legal Issues

1 Whether the applicant will suffer substantial loss if execution is not stayed
2 Whether the applicant has provided adequate security for performance of the decree

Ratio Decidendi

Court Disposition

Application granted

Orders

Stay of execution of High Court decree in Civil Case No. 155 of 2015 pending hearing and determination of Civil Appeal No. 207 of 2019
Applicant to execute a bond within 14 days of delivery of ruling