CIVIL APPLICATION NO 70 17 OF 2024 NASSOR BINZOO VS ASILE ALLY SAID
The application for stay of execution was filed within the statutory period, demonstrated risk of substantial loss, and included a commitment to furnish security; all statutory requirements were met, warranting grant of stay pending appeal.
- Citation
- CIVIL APPLICATION NO 70 17 OF 2024 NASSOR BINZOO VS ASILE ALLY SAID
- Parties
- Applicant: Nassor Binzoo; Respondent: Asile Ally Said
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 1 January 2024
- Procedural Posture
- Civil Application for Stay of Execution / Ruling on Application for Stay Pending Appeal
- Outcome
- Application granted
- Legal Topics
- Stay of Execution, Appeals, Security for Due Performance
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Nassor Binzoo
Applicant
Asile Ally Said
Respondent
Procedural Posture
Civil Application for Stay of Execution / Ruling on Application for Stay Pending Appeal
Legal Issues
- 1 Whether the application for stay of execution meets the requirements under Rule 11 of the Tanzania Court of Appeal Rules, 2009
Ratio Decidendi
The application for stay of execution was filed within the statutory period, demonstrated risk of substantial loss, and included a commitment to furnish security; all statutory requirements were met, warranting grant of stay pending appeal.
Court Disposition
Application granted
Orders
- Stay of execution of the decree of the High Court in Land Case No. 39 of 2023 pending hearing and determination of the intended appeal
- Applicant to deposit a bank guarantee of TZS. 900,000,000.00 as security for due performance within 30 days from the date of ruling
Full Case Text
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