CIVIL APPLICATION NO 728 OF 18 OF 2024 SAMMY MATHALE VS LYDIA FESTO MWAMBASHI
The application was dismissed because the supporting affidavit contained admitted falsehoods, lacked proof of car ownership, and failed to demonstrate substantial loss as required by Rule 11(5) of the Tanzania Court of Appeal Rules, 2009.
- Citation
- CIVIL APPLICATION NO 728 OF 18 OF 2024 SAMMY MATHALE VS LYDIA FESTO MWAMBASHI
- Parties
- Applicant: Sammy Mathale; Respondent: Lydia Festo Mwambashi
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 1 January 2024
- Procedural Posture
- Civil Application for Stay of Execution / Ruling on Application for Stay of Execution Pending Appeal
- Outcome
- Application dismissed
- Legal Topics
- Stay of Execution, Unfair Termination, Affidavit Credibility, Security for Due Performance
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Sammy Mathale
Applicant
Lydia Festo Mwambashi
Respondent
Procedural Posture
Civil Application for Stay of Execution / Ruling on Application for Stay of Execution Pending Appeal
Legal Issues
- 1 Whether the applicant satisfied the requirements for grant of stay of execution under Rule 11 of the Tanzania Court of Appeal Rules, 2009
- 2 Whether the supporting affidavit was credible and sufficient to support the application
Ratio Decidendi
The application was dismissed because the supporting affidavit contained admitted falsehoods, lacked proof of car ownership, and failed to demonstrate substantial loss as required by Rule 11(5) of the Tanzania Court of Appeal Rules, 2009.
Court Disposition
Application dismissed
Orders
- Application for stay of execution is dismissed with no order as to costs.
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment