CIVIL APPLICATION NO 447 01 OF 2024 NOOR KARIM DIAMOND KARMALI VS SHAHEEZA MOEZALI KARMALI 4 OTHERS

CIVIL APPLICATION NO 447 01 OF 2024 NOOR KARIM DIAMOND KARMALI VS SHAHEEZA MOEZALI KARMALI 4 OTHERS

The applicant met all statutory conditions for stay of execution, but security must be furnished by bank guarantee for the decreed principal sum, not by bond on royalty shares, as only a firm undertaking supported by affidavit is acceptable. The Court grants stay on condition that a bank guarantee is deposited...

Source-derived case information.

Citation
CIVIL APPLICATION NO 447 01 OF 2024 NOOR KARIM DIAMOND KARMALI VS SHAHEEZA MOEZALI KARMALI 4 OTHERS
Parties
Applicant: Noor Karim Diamond Karmali; 1st Respondent: Shaheeza Moezali Karmali; 2nd Respondent: Zarmin Moezali Karmali; 3rd Respondent: Rahim Moezali Karmali; 4th Respondent: Nasim Moezali Karmali; 5th Respondent: North Mara Gold Mine Limited
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2024
Procedural Posture
Civil Application / Application for Stay of Execution Pending Appeal
Outcome
Application granted with conditions
Legal Topics
Stay of Execution, Security for Performance of Decree, Appeal Process, Probate Estate Disputes
Source Language
english
Civil Procedure Probate and Administration Stay of Execution Security for Performance of Decree Appeal Process Probate Estate Disputes

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Parties

Noor Karim Diamond Karmali

Applicant

Shaheeza Moezali Karmali

1st Respondent

Zarmin Moezali Karmali

2nd Respondent

Rahim Moezali Karmali

3rd Respondent

Nasim Moezali Karmali

4th Respondent

North Mara Gold Mine Limited

5th Respondent

Procedural Posture

Civil Application / Application for Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether the applicant has met the requirements for stay of execution under Rule 11 of the Tanzania Court of Appeal Rules, 2009
  2. 2 What form and scope of security is appropriate for stay of execution in this case

Ratio Decidendi

The applicant met all statutory conditions for stay of execution, but security must be furnished by bank guarantee for the decreed principal sum, not by bond on royalty shares, as only a firm undertaking supported by affidavit is acceptable. The Court grants stay on condition that a bank guarantee is deposited within 60 days.

Court Disposition

Application granted with conditions

Orders

  • Stay of execution of the High Court decree granted pending appeal, conditional upon applicant depositing a bank guarantee for US$ 6,424,943.26 within 60 days.
  • The guarantee shall remain in force until full hearing and determination of the intended appeal.