20151211 TZCA Dar es Salaam

20151211 TZCA Dar es Salaam

The applicant failed to satisfy the mandatory requirement of furnishing security for due performance under Rule 11(2)(d)(iii) of the Court of Appeal Rules, 2009, which is a conjunctive and not disjunctive requirement for granting a stay of execution. Consequently, the application for stay of execution cannot be granted.

Citation
20151211 TZCA Dar es Salaam
Parties
Applicant: Tanzania Sewing Machine Co. Ltd; Respondent: Njake Enterprises Ltd
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
11 December 2015
Procedural Posture
Civil Application for Stay of Execution / Ruling on Application for Stay of Execution Pending Appeal
Outcome
Application dismissed with costs
Legal Topics
Stay of Execution, Affidavit Competence, Security for Due Performance
Source Language
English
Civil Procedure Stay of Execution Affidavit Competence Security for Due Performance

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Parties

Tanzania Sewing Machine Co. Ltd

Applicant

Njake Enterprises Ltd

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the deponent of the supporting affidavit had locus standi
  2. 2 Whether the applicant satisfied the mandatory conditions for stay of execution under Rule 11(2)(d) of the Court of Appeal Rules, 2009

Ratio Decidendi

The applicant failed to satisfy the mandatory requirement of furnishing security for due performance under Rule 11(2)(d)(iii) of the Court of Appeal Rules, 2009, which is a conjunctive and not disjunctive requirement for granting a stay of execution. Consequently, the application for stay of execution cannot be granted.

Court Disposition

Application dismissed with costs

Orders

  • Application for stay of execution is dismissed with costs