20150429 TZCA Dar es Salaam

20150429 TZCA Dar es Salaam

The applicants satisfied the cumulative conditions under Rule 11(2) for grant of stay of execution: they promptly filed the application after lodging notice of appeal, demonstrated risk of substantial loss if execution proceeds (including inability to recover funds and risk of eviction), and offered security for due performance. The court is not required to assess the likelihood of success on appeal. Accordingly, stay of execution is granted pending determination of the intended appeal, subject to deposit of a bank guarantee.

Citation
20150429 TZCA Dar es Salaam
Parties
Applicant: National Housing Corporation; Applicant: Lars Eric Hulstrom; Applicant: Manyoni Auctioneers; Respondent: Jing Lang Li
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
29 April 2015
Procedural Posture
Civil Application for Stay of Execution / Ruling on Application for Stay of Execution Pending Appeal
Outcome
Application for stay of execution granted
Legal Topics
Stay of Execution, Appeals, Substantial Loss, Security for Performance, Eviction
Source Language
English
Civil Procedure Land Law Stay of Execution Appeals Substantial Loss Security for Performance Eviction

Case Brief

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Parties

National Housing Corporation

Applicant

Lars Eric Hulstrom

Applicant

Manyoni Auctioneers

Applicant

Jing Lang Li

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the applicants have satisfied the conditions for grant of stay of execution under Rule 11(2) of the Tanzania Court of Appeal Rules, 2009
  2. 2 Whether substantial loss will result to the applicants if stay is not granted
  3. 3 Whether the application was made without unreasonable delay

Ratio Decidendi

The applicants satisfied the cumulative conditions under Rule 11(2) for grant of stay of execution: they promptly filed the application after lodging notice of appeal, demonstrated risk of substantial loss if execution proceeds (including inability to recover funds and risk of eviction), and offered security for due performance. The court is not required to assess the likelihood of success on appeal. Accordingly, stay of execution is granted pending determination of the intended appeal, subject to deposit of a bank guarantee.

Court Disposition

Application for stay of execution granted

Orders

  • Execution of the decree in Land Case No. 129 of 2006 is stayed pending determination of the appeal.
  • The 1st applicant shall deposit a bank guarantee of TZS 200,000,000 within fourteen days of delivery of this ruling.