tanzania petroleum development corporation vs mussa yusuph namwao others 2019 tzca 383 4 november 2019
The application for stay of execution fails because the applicant did not make a firm undertaking for security for performance of the decree in the Notice of Motion or affidavit, as required by Rule 11(5)(c).
- Citation
- tanzania petroleum development corporation vs mussa yusuph namwao others 2019 tzca 383 4 november 2019
- Parties
- Applicant: Tanzania Petroleum Development Corporation; Respondents: Mussa Yusuph Namwao & 37 Others
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 4 November 2019
- Procedural Posture
- Civil Application / Ruling on Application for Stay of Execution
- Outcome
- application dismissed
- Legal Topics
- Stay of Execution, Security for Performance of Decree, Compensation for Land Acquisition
- Source Language
- English
Case Brief
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Parties
Tanzania Petroleum Development Corporation
Applicant
Mussa Yusuph Namwao & 37 Others
Respondents
Procedural Posture
Civil Application / Ruling on Application for Stay of Execution
Legal Issues
- 1 Whether the applicant has satisfied the conditions for stay of execution under Rule 11(5) of the Tanzania Court of Appeal Rules, 2009 as amended
- 2 Whether a firm undertaking for security for performance of decree was made
Ratio Decidendi
The application for stay of execution fails because the applicant did not make a firm undertaking for security for performance of the decree in the Notice of Motion or affidavit, as required by Rule 11(5)(c).
Court Disposition
application dismissed
Orders
- application for stay of execution dismissed
- no stay of execution granted
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