antonia zacharia company limited vs chacha sagati mbanda and 4 others 2023 tzhc 15663 27 february 2023

antonia zacharia company limited vs chacha sagati mbanda and 4 others 2023 tzhc 15663 27 february 2023

The applicant demonstrated a likelihood of success as the property subject to execution (Plot No. 6 Block L) was not the subject of the original decree, and would suffer substantial loss if execution proceeded; balance of convenience favored the applicant.

Citation
antonia zacharia company limited vs chacha sagati mbanda and 4 others 2023 tzhc 15663 27 february 2023
Parties
Applicant/objector: Antonia Zacharia Company Limited; 1st Respondent/decree Holder: Chacha Sagati Mbanda; 1st Respondent/decree Holder: Kinyara Nyankoba Wambura; 1st Respondent/decree Holder: Aloyce Omond Ongere; 2nd Respondent/judgment Debtor: Mohamed Haji Simba; 2nd Respondent/judgment Debtor: Kibiti Muniko Nyangi; 2nd Respondent/judgment Debtor: Liquidator Mara Cooperative Union (1984) Ltd; 3rd Respondent/court Broker: Cleophas Waindi
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
27 February 2023
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Stay of Execution (ex Parte)
Outcome
application for stay of execution granted
Legal Topics
Stay of Execution, Objection Proceedings, Execution of Decree
Source Language
English
Civil Procedure Stay of Execution Objection Proceedings Execution of Decree

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Parties

Antonia Zacharia Company Limited

Applicant/objector

Chacha Sagati Mbanda

1st Respondent/decree Holder

Kinyara Nyankoba Wambura

1st Respondent/decree Holder

Aloyce Omond Ongere

1st Respondent/decree Holder

Mohamed Haji Simba

2nd Respondent/judgment Debtor

Kibiti Muniko Nyangi

2nd Respondent/judgment Debtor

Liquidator Mara Cooperative Union (1984) Ltd

2nd Respondent/judgment Debtor

Cleophas Waindi

3rd Respondent/court Broker

Procedural Posture

Miscellaneous Civil Application / Ruling on Application for Stay of Execution (ex Parte)

Legal Issues

  1. 1 Whether the applicant has furnished sufficient reasons for the court to grant a stay of execution pending investigation of the objection regarding Plot No. 6 Block L

Ratio Decidendi

The applicant demonstrated a likelihood of success as the property subject to execution (Plot No. 6 Block L) was not the subject of the original decree, and would suffer substantial loss if execution proceeded; balance of convenience favored the applicant.

Court Disposition

application for stay of execution granted

Orders

  • Stay of execution granted pending hearing and determination of the application inter parte.
  • No order as to costs.