20130118 TZCA Dar es Salaam

Applicant failed to make any undertaking to provide security for due performance, thus not fulfilling the mandatory requirement under Rule 11(2)(d)(iii); application for stay dismissed.

Citation: 20130118 TZCA Dar es Salaam
Parties: Applicant: NECOR DATA LIMITED; Respondent: ALFRED ADAM MARTIN LYIMO
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 18 January 2013
Procedural Posture: Civil Application / Application for Stay of Execution Pending Appeal
Outcome: application dismissed with costs
Legal Topics: Stay of Execution, Security for Due Performance, Appeal Process
Source Language: English

Civil Procedure Stay of Execution Security for Due Performance Appeal Process

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Parties

NECOR DATA LIMITED

Applicant

ALFRED ADAM MARTIN LYIMO

Respondent

Procedural Posture

Civil Application / Application for Stay of Execution Pending Appeal

Legal Issues

1 Whether the applicant satisfied the requirement of providing security for due performance as per Rule 11(2)(d)(iii) of the Tanzania Court of Appeal Rules, 2009

Ratio Decidendi

Applicant failed to make any undertaking to provide security for due performance, thus not fulfilling the mandatory requirement under Rule 11(2)(d)(iii); application for stay dismissed.

Court Disposition

application dismissed with costs

Orders

application for stay of execution dismissed
costs awarded to respondent