20131204 TZCA Mwanza
The applicant failed to satisfy the mandatory requirement of providing security for due performance of the decree as required by Rule 11(2)(d)(iii), and thus did not show good cause for grant of stay of execution.
- Citation
- 20131204 TZCA Mwanza
- Parties
- Applicant: Therod Fredrick; Respondent: Ausaaau Saliiu
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 4 December 2013
- Procedural Posture
- Civil Application / Ruling on Application for Stay of Execution Pending Appeal
- Outcome
- application dismissed with costs
- Legal Topics
- Stay of Execution, Appeals, Security for Due Performance
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Therod Fredrick
Applicant
Ausaaau Saliiu
Respondent
Procedural Posture
Civil Application / Ruling on Application for Stay of Execution Pending Appeal
Legal Issues
- 1 Whether the applicant satisfied the conditions for grant of stay of execution pending appeal under Rule 11(2) of the Tanzania Court of Appeal Rules, 2009
Ratio Decidendi
The applicant failed to satisfy the mandatory requirement of providing security for due performance of the decree as required by Rule 11(2)(d)(iii), and thus did not show good cause for grant of stay of execution.
Court Disposition
application dismissed with costs
Orders
- application for stay of execution is dismissed with costs
Full Case Text
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