zanzibar university vs abdi a mwendambo others 2018 tzca 336 13 december 2018

zanzibar university vs abdi a mwendambo others 2018 tzca 336 13 december 2018

The applicant satisfied all three cumulative conditions for stay of execution: timely notice of appeal, risk of substantial loss if execution proceeds, and willingness to provide security for due performance of the decree.

Source-derived case information.

Citation
zanzibar university vs abdi a mwendambo others 2018 tzca 336 13 december 2018
Parties
Applicant: Zanzibar University; Respondent: Aboi A. Mwenoambo; Respondent: Suleiman Omar Ali; Respondent: Ramadhan Ali Himio
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
13 December 2018
Procedural Posture
Civil Application / Ruling on Application for Stay of Execution Pending Appeal
Outcome
Application for stay of execution granted
Legal Topics
Stay of Execution, Appeals, Security for Costs
Source Language
english
Civil Procedure Labour Law Stay of Execution Appeals Security for Costs

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Zanzibar University

Applicant

Aboi A. Mwenoambo

Respondent

Suleiman Omar Ali

Respondent

Ramadhan Ali Himio

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the applicant satisfied the conditions for grant of stay of execution pending appeal

Ratio Decidendi

The applicant satisfied all three cumulative conditions for stay of execution: timely notice of appeal, risk of substantial loss if execution proceeds, and willingness to provide security for due performance of the decree.

Court Disposition

Application for stay of execution granted

Orders

  • Execution of the High Court decree in Civil Case No. 20 of 2009 stayed pending appeal
  • Applicant to deposit a bank guarantee of 10,346.80 USD and TZS 20,000,000 within 21 days