CIVIL APPLICATION NO 664 17 OF 2023 SERA JOEL KABIGI VS ANDREW FRANCIS KAMBONA 4 OTHERS

CIVIL APPLICATION NO 664 17 OF 2023 SERA JOEL KABIGI VS ANDREW FRANCIS KAMBONA 4 OTHERS

Applicant was not a party to the original dispute but retains right of revision and demonstrated good cause for stay; all legal prerequisites for stay were met, and balance of convenience favors granting stay to preserve subject matter pending appeal.

Citation
CIVIL APPLICATION NO 664 17 OF 2023 SERA JOEL KABIGI VS ANDREW FRANCIS KAMBONA 4 OTHERS
Parties
Applicant: Sera Joel Kabigi; 1st Respondent: Andrew Francis Kambona; 2nd Respondent: Agnes Kabigi Mkende; 3rd Respondent: Dorica Kabigi; 4th Respondent: Jacob Kabigi; 5th Respondent: Adili Auction Mart Limited
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2023
Procedural Posture
Civil Application / Ruling on Application for Stay of Execution
Outcome
Application for stay of execution granted
Legal Topics
Stay of Execution, Heirship, Consent Decree, Security for Due Performance
Source Language
English
Civil Procedure Land Law Stay of Execution Heirship Consent Decree Security for Due Performance

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Parties

Sera Joel Kabigi

Applicant

Andrew Francis Kambona

1st Respondent

Agnes Kabigi Mkende

2nd Respondent

Dorica Kabigi

3rd Respondent

Jacob Kabigi

4th Respondent

Adili Auction Mart Limited

5th Respondent

Procedural Posture

Civil Application / Ruling on Application for Stay of Execution

Legal Issues

  1. 1 Whether the applicant is entitled to stay of execution of the decree pending appeal
  2. 2 Whether the applicant has complied with prerequisites for stay under rule 11 of the Tanzania Court of Appeal Rules, 2009

Ratio Decidendi

Applicant was not a party to the original dispute but retains right of revision and demonstrated good cause for stay; all legal prerequisites for stay were met, and balance of convenience favors granting stay to preserve subject matter pending appeal.

Court Disposition

Application for stay of execution granted

Orders

  • Execution of the decree in Land Application No. 398 of 2016 is stayed pending hearing and determination of the intended appeal.
  • Applicant must deposit a Bank's Guarantee covering TZS 130,000,000.00 as security for due performance of the decree within one month from the date of ruling.