CIVIL APPLICATION NO

CIVIL APPLICATION NO

The applicant demonstrated good cause for stay of execution by showing that immediate execution would cause irreparable harm to his business and livelihood, and he undertook to furnish security for due performance. The balance of convenience favored the applicant, as the respondent would not be prejudiced with...

Source-derived case information.

Citation
CIVIL APPLICATION NO
Parties
Applicant: Obeid Thomas Mwita; Respondent: Rota Mining Limited
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2024
Procedural Posture
Civil Application / Application for Stay of Execution Pending Appeal
Outcome
Application allowed
Legal Topics
Stay of Execution, Ex Parte Judgment, Security for Due Performance, Irreparable Harm, Balance of Convenience
Source Language
english
Civil Procedure Stay of Execution Ex Parte Judgment Security for Due Performance Irreparable Harm Balance of Convenience

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Parties

Obeid Thomas Mwita

Applicant

Rota Mining Limited

Respondent

Procedural Posture

Civil Application / Application for Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether the applicant has demonstrated sufficient cause for stay of execution of the High Court decree pending appeal
  2. 2 Whether the applicant will suffer irreparable loss if stay is not granted
  3. 3 Whether the applicant has undertaken to furnish security for due performance

Ratio Decidendi

The applicant demonstrated good cause for stay of execution by showing that immediate execution would cause irreparable harm to his business and livelihood, and he undertook to furnish security for due performance. The balance of convenience favored the applicant, as the respondent would not be prejudiced with adequate security in place.

Court Disposition

Application allowed

Orders

  • Stay of execution of the decree issued on 8th May 2024 in Civil Case No. 33 of 2023 granted pending determination of the intended appeal
  • Applicant to furnish a Bank Bond Guarantee equivalent to TZS 530,597,256.00 as security for due performance of the decree within 30 days