CIVIL APPLICATION NO 739 17 OF 2024 PRISCA HEZRON MAKOTA VS NGABANI PATRICK MTENGA 2 OTHERS

CIVIL APPLICATION NO 739 17 OF 2024 PRISCA HEZRON MAKOTA VS NGABANI PATRICK MTENGA 2 OTHERS

The applicant has met the requirements for a stay of execution by lodging a notice of appeal, demonstrating substantial and irreparable loss, and expressing readiness to provide security for due performance. The balance of convenience favors granting the stay.

Citation
CIVIL APPLICATION NO 739 17 OF 2024 PRISCA HEZRON MAKOTA VS NGABANI PATRICK MTENGA 2 OTHERS
Parties
Applicant: Prisca Hezron Makota; 1st Respondent: Ngabani Patrick Mtenga; 2nd Respondent: EFC Tanzania MFC Ltd.; 3rd Respondent: Tanzania Quality Auction Mart Ltd.
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2024
Procedural Posture
Civil Application / Application for Stay of Execution Pending Appeal
Outcome
application granted
Legal Topics
Stay of Execution, Appeals, Security for Due Performance, Irreparable Loss, Balance of Convenience
Source Language
English
Civil Procedure Land Law Stay of Execution Appeals Security for Due Performance Irreparable Loss Balance of Convenience

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Parties

Prisca Hezron Makota

Applicant

Ngabani Patrick Mtenga

1st Respondent

EFC Tanzania MFC Ltd.

2nd Respondent

Tanzania Quality Auction Mart Ltd.

3rd Respondent

Procedural Posture

Civil Application / Application for Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether the applicant is entitled to a stay of execution of the decree pending appeal
  2. 2 Whether the applicant has satisfied the requirements for stay of execution under the Court of Appeal Rules

Ratio Decidendi

The applicant has met the requirements for a stay of execution by lodging a notice of appeal, demonstrating substantial and irreparable loss, and expressing readiness to provide security for due performance. The balance of convenience favors granting the stay.

Court Disposition

application granted

Orders

  • Stay of execution of the decree in Land Application No. 401 of 2017 is granted, conditional upon the applicant not disposing of or alienating the disputed property and depositing the Certificate of Title with the Court within thirty days.
  • Costs to abide by the outcome of the appeal.