CIVIL APPLICATION NO 680 11 OF 2024 SIMON WOLFGANG NDAUKA VS IDD SEIF 5 OTHERS

CIVIL APPLICATION NO 680 11 OF 2024 SIMON WOLFGANG NDAUKA VS IDD SEIF 5 OTHERS

Applicant fulfilled cumulative conditions for stay of execution by demonstrating substantial loss and undertaking to furnish security; stay granted pending appeal, conditional upon deposit of TZS 76,790,000.00 or equivalent bank guarantee within 30 days.

Citation
CIVIL APPLICATION NO 680 11 OF 2024 SIMON WOLFGANG NDAUKA VS IDD SEIF 5 OTHERS
Parties
Applicant: Simon Wolfgang Ndauka; 1st Respondent: Idd S E If; 2nd Respondent: Maiko Lusanganya; 3rd Respondent: Jonas Manyanya; 4th Respondent: Hamisi Lumondya; 5th Respondent: Pius Ilindilo; 6th Respondent: Nia Rashid
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2024
Procedural Posture
Civil Application / Ruling on Application for Stay of Execution Pending Appeal
Outcome
Application granted
Legal Topics
Stay of Execution, Security for Due Performance, Substantial Loss, Appeal Process
Source Language
English
Civil Procedure Stay of Execution Security for Due Performance Substantial Loss Appeal Process

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Parties

Simon Wolfgang Ndauka

Applicant

Idd S E If

1st Respondent

Maiko Lusanganya

2nd Respondent

Jonas Manyanya

3rd Respondent

Hamisi Lumondya

4th Respondent

Pius Ilindilo

5th Respondent

Nia Rashid

6th Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the applicant has met the conditions for grant of stay of execution under Rule 11 of the Tanzania Court of Appeal Rules
  2. 2 Whether substantial loss and security have been demonstrated

Ratio Decidendi

Applicant fulfilled cumulative conditions for stay of execution by demonstrating substantial loss and undertaking to furnish security; stay granted pending appeal, conditional upon deposit of TZS 76,790,000.00 or equivalent bank guarantee within 30 days.

Court Disposition

Application granted

Orders

  • Execution of the drawn order in Misc. Civil Revision No. 2 of 2021 dated 5th August, 2022 is stayed pending outcome of the intended appeal.
  • Applicant must deposit TZS 76,790,000.00 or equivalent bank guarantee as security within thirty (30) days.