CIVIL APPLICATIONNO 569 17 OF 2022 SALIMU OMARY S HALIM AOMAR RIZEG 2 OTHERS

CIVIL APPLICATIONNO 569 17 OF 2022 SALIMU OMARY S HALIM AOMAR RIZEG 2 OTHERS

Applicant failed to furnish valid security for due performance of the decree as required under Rule 11(5); offering vacant possession of the disputed property, already adjudged to belong to respondents, is not acceptable security. Cumulative conditions for stay were not met.

Citation
CIVIL APPLICATIONNO 569 17 OF 2022 SALIMU OMARY S HALIM AOMAR RIZEG 2 OTHERS
Parties
Applicant: Salimu Omary; 1st Respondent: Halima Omar Rizeg; 2nd Respondent: Nuru Omar Rizeg; 3rd Respondent: Asia Omar Rizeg
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2022
Procedural Posture
Civil Application / Ruling on Application for Stay of Execution Pending Appeal
Outcome
Application dismissed with costs.
Legal Topics
Stay of Execution, Security for Due Performance, Appeals, Eviction, Ownership of Property
Source Language
English
Civil Procedure Land Law Stay of Execution Security for Due Performance Appeals Eviction Ownership of Property

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Parties

Salimu Omary

Applicant

Halima Omar Rizeg

1st Respondent

Nuru Omar Rizeg

2nd Respondent

Asia Omar Rizeg

3rd Respondent

Procedural Posture

Civil Application / Ruling on Application for Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether the applicant satisfied the conditions for grant of stay of execution under Rule 11 of the Court of Appeal Rules, 2009
  2. 2 Whether security for due performance of the decree was properly furnished

Ratio Decidendi

Applicant failed to furnish valid security for due performance of the decree as required under Rule 11(5); offering vacant possession of the disputed property, already adjudged to belong to respondents, is not acceptable security. Cumulative conditions for stay were not met.

Court Disposition

Application dismissed with costs.

Orders

  • Application for stay of execution is dismissed.
  • Applicant to pay costs.