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The applicants complied with all requirements under Rule 11 of the Rules, demonstrated substantial loss, and expressed willingness to provide security for due performance; thus, the application for stay of execution is granted.
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The High Court at Mbeya granted a prisoner’s application to extend time to file a criminal notice and petition of appeal, finding sufficient cause because the defect was beyond his control.
The High Court granted an application to extend time for filing a criminal appeal, finding the delay was caused by prison-related obstacles beyond the applicant’s control.
The High Court certified a point of law for appeal to the Court of Appeal concerning alleged misapprehension of evidence about exhibits DI, D2 and D3.
The High Court stayed execution of a district tribunal land order, holding it was preferable to await the pending extension-of-time application before the Court of Appeal.
The applicant demonstrated good cause for stay of execution as the decree was obtained ex parte without affording the applicant a fair hearing, and execution pending appeal would prejudice the applicant's rights. The law requires a specific application for stay, and the High Court retains jurisdiction as the appeal is before it, not the Court of Appeal.
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The Court of Appeal dismissed an application to extend time to serve a letter seeking certified proceedings, holding the applicant failed to account for about 60 days of delay.
The application for stay of execution is not maintainable because the underlying application for extension of time was dismissed, leaving no pending proceedings to justify a stay.
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Notice of eviction issued by respondent's counsel constitutes a valid notice of intended execution under Rule 11(7)(d), applicant complied with procedural requirements, and substantial loss would occur if execution proceeds; stay of execution is granted pending appeal.
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Applicant fulfilled cumulative conditions for stay of execution by demonstrating substantial loss and undertaking to furnish security; stay granted pending appeal, conditional upon deposit of TZS 76,790,000.00 or equivalent bank guarantee within 30 days.
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