20171202 TZCA Dar es Salaam

20171202 TZCA Dar es Salaam

The applicants met the cumulative conditions for stay of execution: substantial loss would result from eviction, the application was timely, and a firm undertaking to provide security was sufficient. However, the title deed of the disputed property cannot be used as security; a bank guarantee is required.

Citation
20171202 TZCA Dar es Salaam
Parties
Applicant: Zahara Kitindi; Applicant: Dominic B. Francis; Respondent: Juma Swalehe; Respondent: Ramla Juma Swalehe; Respondent: Baraka Juma Swalehe; Respondent: Athuman Juma Swalehe; Respondent: Bisula Juma Swalehe; Respondent: Salim Juma Swalehe; Respondent: Aziza Juma Swalehe; Respondent: Ramadhani Juma Swalehe; Respondent: Rashidi Juma Swalehe; Respondent: Ashura Juma Swalehe
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
2 December 2017
Procedural Posture
Civil Application / Ruling on Stay of Execution Pending Appeal
Outcome
stay of execution granted
Legal Topics
Stay of Execution, Security for Due Performance, Substantial Loss, Residential Property Attachment
Source Language
English
Civil Procedure Stay of Execution Security for Due Performance Substantial Loss Residential Property Attachment

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Parties

Zahara Kitindi

Applicant

Dominic B. Francis

Applicant

Juma Swalehe

Respondent

Ramla Juma Swalehe

Respondent

Baraka Juma Swalehe

Respondent

Athuman Juma Swalehe

Respondent

Bisula Juma Swalehe

Respondent

Salim Juma Swalehe

Respondent

Aziza Juma Swalehe

Respondent

Ramadhani Juma Swalehe

Respondent

Rashidi Juma Swalehe

Respondent

Ashura Juma Swalehe

Respondent

Procedural Posture

Civil Application / Ruling on Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether the applicants have met the conditions for stay of execution under Rule 11(2)(d) of the Tanzania Court of Appeal Rules, 2009
  2. 2 Whether the applicants will suffer substantial loss if execution is not stayed
  3. 3 Whether the applicants have provided adequate security for due performance of the decree

Ratio Decidendi

The applicants met the cumulative conditions for stay of execution: substantial loss would result from eviction, the application was timely, and a firm undertaking to provide security was sufficient. However, the title deed of the disputed property cannot be used as security; a bank guarantee is required.

Court Disposition

stay of execution granted

Orders

  • Execution of the decree stayed pending appeal.
  • Applicants to deposit a bank guarantee of shs.150,000,000/= in Court within 30 days.