tanzania breweries ltd vs anthony nyingi 2015 tzca 3 18 march 2015

The applicant satisfied all statutory conditions for stay of execution by timely filing the notice of appeal, showing good cause, and undertaking to provide security for the due performance of the decree. Therefore, the Court exercised its discretion to grant the stay pending appeal.

Citation: tanzania breweries ltd vs anthony nyingi 2015 tzca 3 18 march 2015
Parties: Applicant: Tanzania Breweries Limited; Respondent: Anthony Nyingi
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 18 March 2015
Procedural Posture: Civil Application / Application for Stay of Execution Pending Appeal
Outcome: application granted
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

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 4 Party arguments 2 Amounts and remedies 1

Parties

Tanzania Breweries Limited

Applicant

Anthony Nyingi

Respondent

Procedural Posture

Civil Application / Application for Stay of Execution Pending Appeal

Legal Issues

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

Ratio Decidendi

Court Disposition

application granted

Orders

Execution of the High Court decree is stayed pending determination of the appeal, conditional upon the applicant depositing a bank guarantee equal to the decretal sum within twenty one days of the ruling.
Costs to be in the cause.