paul david kifaru vs karim shahbudin ally 2019 tzca 448 23 october 2019

paul david kifaru vs karim shahbudin ally 2019 tzca 448 23 october 2019

Application dismissed because applicant failed to establish irreparable loss and failed to furnish adequate security for due performance as required by Rule 11(2) (d) (i) and (iii) of the Tanzania Court of Appeal Rules 2009.

Citation
paul david kifaru vs karim shahbudin ally 2019 tzca 448 23 october 2019
Parties
Applicant: Paula David Kifaru; Respondent: Karim Shahbudin Ally
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
23 October 2019
Procedural Posture
Civil Application / Ruling on Application for Stay of Execution
Outcome
application dismissed
Legal Topics
Stay of Execution, Security for Due Performance, Substantial Loss, Probate Administration
Source Language
English
Civil Procedure Probate Stay of Execution Security for Due Performance Substantial Loss Probate Administration

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Parties

Paula David Kifaru

Applicant

Karim Shahbudin Ally

Respondent

Procedural Posture

Civil Application / Ruling on Application for Stay of Execution

Legal Issues

  1. 1 Whether the applicant has fulfilled the statutory conditions for grant of stay of execution under Rule 11(2) of the Tanzania Court of Appeal Rules 2009

Ratio Decidendi

Application dismissed because applicant failed to establish irreparable loss and failed to furnish adequate security for due performance as required by Rule 11(2) (d) (i) and (iii) of the Tanzania Court of Appeal Rules 2009.

Court Disposition

application dismissed

Orders

  • application dismissed
  • costs to abide outcome of appeal