national housing corporation vs deepan premji dusara others 2021 tzca 3536 16 november 2021

national housing corporation vs deepan premji dusara others 2021 tzca 3536 16 november 2021

The applicant met all statutory and procedural requirements for stay of execution, demonstrated likelihood of substantial and irreparable loss, and provided a firm undertaking to furnish security. The balance of convenience favored granting the stay pending appeal, conditional upon deposit of a bank guarantee.

Citation
national housing corporation vs deepan premji dusara others 2021 tzca 3536 16 november 2021
Parties
Applicant: National Housing Corporation; 1st Respondent: Deepan Premji Dusara; 2nd Respondent: Kishore Premji Dusara; 3rd Respondent: Mrs. Prabhaben Mohanlal Bhika
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
16 November 2021
Procedural Posture
Civil Application for Stay of Execution / Ruling on Application for Stay Pending Appeal
Outcome
Application granted
Legal Topics
Stay of Execution, Security for Performance, Substantial Loss, Appeal Process
Source Language
English
Civil Procedure Land Law Stay of Execution Security for Performance Substantial Loss Appeal Process

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Parties

National Housing Corporation

Applicant

Deepan Premji Dusara

1st Respondent

Kishore Premji Dusara

2nd Respondent

Mrs. Prabhaben Mohanlal Bhika

3rd Respondent

Procedural Posture

Civil Application for Stay of Execution / Ruling on Application for Stay Pending Appeal

Legal Issues

  1. 1 Whether the applicant has met the conditions for stay of execution under Rule 11 of the Tanzania Court of Appeal Rules, 2009
  2. 2 Whether substantial loss will be suffered by the applicant if execution proceeds
  3. 3 Whether the applicant has furnished or undertaken to furnish security for due performance of the decree

Ratio Decidendi

The applicant met all statutory and procedural requirements for stay of execution, demonstrated likelihood of substantial and irreparable loss, and provided a firm undertaking to furnish security. The balance of convenience favored granting the stay pending appeal, conditional upon deposit of a bank guarantee.

Court Disposition

Application granted

Orders

  • Stay of execution pending hearing and determination of the appeal
  • Applicant to deposit a bank guarantee of TZS 75,000,000.00 as security for due performance of the decree within thirty days