CIVIL APPLICATION NO 688 17 OF 2024 RICHARD MALISA VS MARRY PILLA LIBABA 2 OTHERS

CIVIL APPLICATION NO 688 17 OF 2024 RICHARD MALISA VS MARRY PILLA LIBABA 2 OTHERS

Applicant met all statutory requirements for stay of execution: timely filing, demonstration of substantial loss, and commitment to furnish security. Balance of convenience and justice favoured granting stay pending appeal.

Citation
CIVIL APPLICATION NO 688 17 OF 2024 RICHARD MALISA VS MARRY PILLA LIBABA 2 OTHERS
Parties
Applicant: Richard Malisa; 1st Respondent: Marry Pilla Libaba (Administrator of the Estate of the late Gilsal Libaba); 2nd Respondent: Charles Lawuo; 3rd Respondent: Deogratxas Thomas Ivo
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, Security for Due Performance, Substantial Loss, Land Dispute, Appeal Process
Source Language
English
Civil Procedure Land Law Stay of Execution Security for Due Performance Substantial Loss Land Dispute Appeal Process

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Parties

Richard Malisa

Applicant

Marry Pilla Libaba (Administrator of the Estate of the late Gilsal Libaba)

1st Respondent

Charles Lawuo

2nd Respondent

Deogratxas Thomas Ivo

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 pending appeal
  2. 2 Whether substantial loss would be suffered by the applicant if stay is not granted
  3. 3 Whether the applicant has satisfied the requirements for furnishing security for due performance

Ratio Decidendi

Applicant met all statutory requirements for stay of execution: timely filing, demonstration of substantial loss, and commitment to furnish security. Balance of convenience and justice favoured granting stay pending appeal.

Court Disposition

application granted

Orders

  • Stay of execution of the decree in Land Application No. 44 of 2017 granted.
  • Applicant shall not dispose of or alienate the disputed property.