zahara kitindi another vs juma swalehe others 2019 tzca 309 28 august 2019

zahara kitindi another vs juma swalehe others 2019 tzca 309 28 august 2019

The applicants demonstrated inability to secure a bank guarantee and offered a distinct property not subject to litigation as security; the Court found no legal bar to varying the form of security under Rule 4(2)(a) and (b) and granted the application.

Citation
zahara kitindi another vs juma swalehe others 2019 tzca 309 28 august 2019
Parties
Applicant: Zahara Kitindi; Applicant: Dominic B. Francis; Respondent: Juma Swalehe; Respondent: 9 Others
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
28 August 2019
Procedural Posture
Civil Application / Application to Vary Terms and Conditions of Stay of Execution
Outcome
application granted
Legal Topics
Stay of Execution, Variation of Security, Court Powers Under Appellate Rules
Source Language
English
Civil Procedure Stay of Execution Variation of Security Court Powers Under Appellate Rules

Case Brief

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Parties

Zahara Kitindi

Applicant

Dominic B. Francis

Applicant

Juma Swalehe

Respondent

9 Others

Respondent

Procedural Posture

Civil Application / Application to Vary Terms and Conditions of Stay of Execution

Legal Issues

  1. 1 Whether the applicants can vary the form of security ordered for stay of execution
  2. 2 Whether the property offered as security is subject of the intended appeal

Ratio Decidendi

The applicants demonstrated inability to secure a bank guarantee and offered a distinct property not subject to litigation as security; the Court found no legal bar to varying the form of security under Rule 4(2)(a) and (b) and granted the application.

Court Disposition

application granted

Orders

  • Applicants to deposit Certificate of Occupancy for Plot No. 157 Block 'DOD' Karanga area within Moshi Municipality as security within thirty days
  • Each party to bear own costs