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Tanzania decisions
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The High Court dismissed an application for stay of execution pending appeal, holding that the applicant failed to prove substantial loss and did not offer security.
The application was properly brought under Rule 4 together with Rule 11 as there was no formal execution filed by the respondent. The applicant demonstrated sufficient cause by showing that the sale of the property would render the intended appeal nugatory. The applicant's readiness to furnish a commitment bond as security satisfies the requirement for granting a stop order to preserve the subject matter pending appeal.
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Application for rectification of Title before Registrar of Titles is execution of the High Court decree; applicant has complied with requirements for stay of execution including notice of intended execution, showing substantial loss, and furnishing security. Stay is granted pending appeal.
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Applicant satisfied all statutory requirements for stay of execution; irreparable harm demonstrated; timely filing; firm undertaking to furnish security; requisite documents appended; respondent did not oppose.
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A bank guarantee is not an appropriate security for a non-monetary eviction decree; stay of execution may be granted with conditions to preserve the respondent's rights.
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Applicants complied with all procedural requirements, demonstrated risk of substantial loss and irreparable injury, and undertook to provide security; therefore, stay of execution is granted pending appeal.
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The applicant met the requirements for stay of execution by demonstrating potential substantial loss, readiness to provide security, and timely application under Rule 11 of the Rules.
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The application is res judicata and the Court is functus officio because the issue of security was previously determined, and the landed property now proposed was already considered and rejected. The Single Justice lacks jurisdiction to vary the condition at this stage.
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The application for stay of execution is misconceived and must be dismissed because there is no decree capable of being executed and no notice of execution issued by an executing officer; the auctioneer's notice is not a notice of execution of a decree appealed from.
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The Court of Appeal granted a stay of execution pending appeal, finding the application timely, showing substantial loss, and offering security by bank guarantee.
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