20150317 TZCA Mwanza 1

The applicant satisfied all statutory conditions for stay of execution by timely filing the notice of appeal, showing good cause (risk of irreparable loss and difficulty in recovery), and undertaking to provide security for performance of the decree. Therefore, stay of execution is granted pending appeal,...

Source-derived case information.

Citation: 20150317 TZCA Mwanza 1
Parties: Applicant: Tanzania Breweries Limited; Respondent: Anthony Nyingi
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 17 March 2015
Procedural Posture: Civil Application for Stay of Execution / Application for Stay of Execution Pending Appeal
Outcome: Application for stay of execution granted, conditional on provision of bank guarantee within twenty-one days.
Legal Topics: Stay of Execution, Appeals, Security for Performance of Decree
Source Language: english

Civil Procedure Stay of Execution Appeals Security for Performance of Decree

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Parties

Tanzania Breweries Limited

Applicant

Anthony Nyingi

Respondent

Procedural Posture

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

Legal Issues

1 Whether the applicant has satisfied the conditions for grant of stay of execution under Rule 11(2)(b), (c), (d) of the Court of Appeal Rules, 2009

Ratio Decidendi

Court Disposition

Application for stay of execution granted, conditional on provision of bank guarantee within twenty-one days.

Orders

Execution of the High Court decree stayed pending determination of the appeal.
Applicant to deposit a bank guarantee equal to the decretal sum within twenty-one days of the ruling.

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