20150721 TZCA Dar es Salaam
The application was dismissed because the applicants failed to expressly undertake or provide security for the due performance of the decree, which is a mandatory requirement under Rule 11(2) of the Court of Appeal Rules, 2009, regardless of other grounds advanced.
- Citation
- 20150721 TZCA Dar es Salaam
- Parties
- Respondent: GARGO MANAGEMENT AND LOGISTICS; Applicant: Not specified (Applicants)
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 21 July 2015
- Procedural Posture
- Civil Application for Stay of Execution / Ruling on Application for Stay of Execution Pending Appeal
- Outcome
- Application dismissed
- Legal Topics
- Stay of Execution, Security for Due Performance, Appeal Procedure
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
GARGO MANAGEMENT AND LOGISTICS
Respondent
Not specified (Applicants)
Applicant
Procedural Posture
Civil Application for Stay of Execution / Ruling on Application for Stay of Execution Pending Appeal
Legal Issues
- 1 Whether the applicants satisfied the mandatory conditions for grant of stay of execution under Rule 11(2) of the Court of Appeal Rules, 2009
Ratio Decidendi
The application was dismissed because the applicants failed to expressly undertake or provide security for the due performance of the decree, which is a mandatory requirement under Rule 11(2) of the Court of Appeal Rules, 2009, regardless of other grounds advanced.
Court Disposition
Application dismissed
Orders
- No order as to costs
Full Case Text
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