salvatory gibson vs william laurent malya another 2019 tzca 445 12 december 2019
The applicant failed to satisfy the cumulative conditions for grant of stay of execution, specifically by not specifying the nature of substantial loss, not demonstrating absence of unreasonable delay, and failing to provide appropriate security for due performance of the decree.
- Citation
- salvatory gibson vs william laurent malya another 2019 tzca 445 12 december 2019
- Parties
- Applicant: Salvatory Gibson; 1st Respondent: William Laurent Malya; 2nd Respondent: Mariam I. Mbelwa
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 12 December 2019
- Procedural Posture
- Civil Application / Ruling on Application for Stay of Execution Pending Appeal
- Outcome
- Application dismissed
- Legal Topics
- Stay of Execution, Appeals, Security for Performance, Delay in Filing, Substantial Loss
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Salvatory Gibson
Applicant
William Laurent Malya
1st Respondent
Mariam I. Mbelwa
2nd Respondent
Procedural Posture
Civil Application / Ruling on Application for Stay of Execution Pending Appeal
Legal Issues
- 1 Whether the applicant satisfied the conditions for grant of stay of execution pending appeal under Rule 11(2)(d) of the Tanzania Court of Appeal Rules, 2009
Ratio Decidendi
The applicant failed to satisfy the cumulative conditions for grant of stay of execution, specifically by not specifying the nature of substantial loss, not demonstrating absence of unreasonable delay, and failing to provide appropriate security for due performance of the decree.
Court Disposition
Application dismissed
Orders
- Each party to bear own costs
Full Case Text
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