suleiman yussuf ali vs sultanal abdallah gulamhussein 2019 tzca 452 17 october 2019

Applicant complied with Rule 11(4) and (5) requirements; for non-monetary decree, appropriate security is execution of a bond to maintain status quo of the house pending appeal.

Citation: suleiman yussuf ali vs sultanal abdallah gulamhussein 2019 tzca 452 17 october 2019
Parties: Applicant: Suleiman Yussuf Ali; Respondent: Sultan Ali Abdalla Gulamhussein
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 17 October 2019
Procedural Posture: Civil Application / Ruling on Stay of Execution Pending Appeal
Outcome: Stay of execution granted pending appeal, conditional on execution of bond.
Legal Topics: Stay of Execution, Security for Due Performance, Appeal Process
Source Language: English

Civil Procedure Stay of Execution Security for Due Performance Appeal Process

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Parties

Suleiman Yussuf Ali

Applicant

Sultan Ali Abdalla Gulamhussein

Respondent

Procedural Posture

Civil Application / Ruling on Stay of Execution Pending Appeal

Legal Issues

1 Whether the applicant has complied with conditions for stay of execution under Rule 11(4) and (5) of the Tanzania Court of Appeal Rules, 2009
2 Appropriate mode of furnishing security for due performance of a non-monetary decree

Ratio Decidendi

Applicant complied with Rule 11(4) and (5) requirements; for non-monetary decree, appropriate security is execution of a bond to maintain status quo of the house pending appeal.

Court Disposition

Stay of execution granted pending appeal, conditional on execution of bond.

Orders

Execution of High Court decree in Civil Case No. 19 of 2009 stayed pending determination of appeal.
Applicant to execute bond committing to maintain status quo of house within fourteen days from ruling date.