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Tanzania decisions
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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 application was filed within the prescribed time, the applicant demonstrated substantial loss by showing he resides in the disputed property, and expressed willingness to furnish security for due performance; thus, the requirements for granting a stay of execution were met.
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Failure to furnish security for due performance of the decree as required by rule 11(5)(b) of the Court of Appeal Rules is fatal to an application for stay of execution. The requirement is mandatory and not subject to judicial discretion or waiver, regardless of alleged irregularities in the underlying proceedings.
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The applicant demonstrated substantial loss by showing that multiple accounts were garnished for the same decretal amount, threatening the core business operations and potentially leading to irreparable harm. The application was filed within reasonable time upon notification by the banks. The applicant expressed willingness to provide security, and the court ordered a bank bond guarantee as a condition for stay. Therefore, stay of execution was granted subject to provision of security.
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The application for stay of execution was filed within the prescribed time as the electronic filing date is the official date of filing. The applicant satisfied the requirements for stay of execution by demonstrating potential substantial loss and willingness to provide security. The preliminary objection was overruled, and the stay of execution was granted pending appeal, subject to provision of security within 60 days.
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The applicants satisfied all conditions under Rule 11 for grant of stay of execution: timely application, demonstration of irreparable loss, existence of a pending appeal affecting the subject matter, and undertaking to furnish appropriate security. The subject matter must be preserved pending appeal to avoid rendering the appeal nugatory.
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The applicant satisfied the conjunctive conditions under Rule 11(5) of the Court of Appeal Rules, 2009 by demonstrating potential substantial loss and undertaking to provide a bank guarantee as security; therefore, stay of execution is granted pending appeal.
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Applicant met all statutory conditions for stay of execution; timely filing, demonstrated risk of irreparable loss, firm undertaking to furnish security, and attached required documents. Security must be reasonable and court-directed, not arbitrary. Stay granted subject to deposit of bank guarantee for TZS 142,500,000 within sixty days.
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Application for stay of execution dismissed because applicant failed to satisfy the cumulative requirement of furnishing security for due performance, despite meeting the conditions of substantial loss and timely filing.
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Charged properties that are the subject of the decree and no longer in the hands of the applicants cannot serve as security for due performance of the decree. Applicants must provide a different form of security, specifically a bank guarantee for the decretal sum, to obtain a stay of execution.
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