MISC CIV APPLICATION NO 311 02 OF 2024 ROSE BENEDICT VS JANET EVARIST NJAU 3 OTHERS

MISC CIV APPLICATION NO 311 02 OF 2024 ROSE BENEDICT VS JANET EVARIST NJAU 3 OTHERS

The applicant satisfied the conditions for stay of execution by timely filing, demonstrating substantial loss regarding the first suit property, and offering sufficient security through a commitment bond pledging her shares and maintaining the property condition.

Citation
MISC CIV APPLICATION NO 311 02 OF 2024 ROSE BENEDICT VS JANET EVARIST NJAU 3 OTHERS
Parties
Applicant: Rose Benedict; 1st Respondent: Janet Evarist Njau; 2nd Respondent: Judith Evarist Njau; 3rd Respondent: Janes Evarist Njau (as attorney of Mare Benedict); 4th Respondent: Janes Evarist Njau (as attorney of Lily Komino)
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2024
Procedural Posture
Miscellaneous Civil Application / Application for Stay of Execution Pending Appeal
Outcome
Application granted
Legal Topics
Stay of Execution, Security for Costs, Division of Property, Public Auction
Source Language
English
Civil Procedure Land Law Stay of Execution Security for Costs Division of Property Public Auction

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Parties

Rose Benedict

Applicant

Janet Evarist Njau

1st Respondent

Judith Evarist Njau

2nd Respondent

Janes Evarist Njau (as attorney of Mare Benedict)

3rd Respondent

Janes Evarist Njau (as attorney of Lily Komino)

4th Respondent

Procedural Posture

Miscellaneous Civil Application / Application for Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether the applicant is entitled to stay of execution pending appeal
  2. 2 Whether the security offered by the applicant is sufficient
  3. 3 Whether substantial loss would occur absent a stay

Ratio Decidendi

The applicant satisfied the conditions for stay of execution by timely filing, demonstrating substantial loss regarding the first suit property, and offering sufficient security through a commitment bond pledging her shares and maintaining the property condition.

Court Disposition

Application granted

Orders

  • Execution of the High Court order dated 15th March, 2024 in Land Application No. 114 of 2023 is stayed pending hearing and determination of the intended appeal.
  • Applicant must execute within 30 days a commitment bond pledging all her undisputed interests/shares on the suit properties as security and undertake that the first suit property remains in the same condition until appeal is determined.