CIVIL APPLICATION NO 484 01 OF 2024 RAMADHANI MOHAMED KISESA VS ALOO SALIM ABDALLAH 3 OTHERS

CIVIL APPLICATION NO 484 01 OF 2024 RAMADHANI MOHAMED KISESA VS ALOO SALIM ABDALLAH 3 OTHERS

Stay of execution granted pending appeal because requirements under Rule 11 were met except for security; applicant cannot pledge property not legally owned or third-party property without proper affidavit; commitment bond is appropriate security for non-monetary decree.

Citation
CIVIL APPLICATION NO 484 01 OF 2024 RAMADHANI MOHAMED KISESA VS ALOO SALIM ABDALLAH 3 OTHERS
Parties
Applicant: Ramadhani Mohamed Kisesa; 1st Respondent: Aloo Salim Abdallah; 2nd Respondent: Pride Tanzania Limited; 3rd Respondent: Majembe Auction Mart; 4th Respondent: Asha Abdallah Mhina
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2024
Procedural Posture
Civil Application / Ruling on Application for Stay of Execution
Outcome
Application for stay of execution granted subject to execution of commitment bond.
Legal Topics
Stay of Execution, Security for Decree, Mortgage, Auction Sale, Ownership Dispute
Source Language
English
Civil Procedure Property Law Stay of Execution Security for Decree Mortgage Auction Sale Ownership Dispute

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Parties

Ramadhani Mohamed Kisesa

Applicant

Aloo Salim Abdallah

1st Respondent

Pride Tanzania Limited

2nd Respondent

Majembe Auction Mart

3rd Respondent

Asha Abdallah Mhina

4th Respondent

Procedural Posture

Civil Application / Ruling on Application for Stay of Execution

Legal Issues

  1. 1 Whether stay of execution should be granted pending appeal
  2. 2 What constitutes appropriate security for a non-monetary decree

Ratio Decidendi

Stay of execution granted pending appeal because requirements under Rule 11 were met except for security; applicant cannot pledge property not legally owned or third-party property without proper affidavit; commitment bond is appropriate security for non-monetary decree.

Court Disposition

Application for stay of execution granted subject to execution of commitment bond.

Orders

  • Execution of decree in Land Appeal No. 51 of 2022 stayed pending appeal.
  • Applicant to execute and deposit commitment bond with Registrar within fourteen days.