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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 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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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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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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The Court of Appeal granted a stay of execution in a labour dispute, finding the applicant faced substantial loss and had undertaken to provide security.
The Court of Appeal of Tanzania stayed execution of a High Court decree pending appeal, finding substantial loss and ordering a bank guarantee for the decretal amount.
The applicant failed to satisfy both requirements under rule 11(5) of the Rules, as he did not demonstrate substantial loss nor provide acceptable security for due performance, since the house offered as security was already adjudged to belong to the respondent.
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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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Applicants satisfied all procedural and substantive requirements for stay of execution, including timely application, provision of necessary documents, demonstration of potential substantial loss, and undertaking to provide security; therefore, stay of execution is granted pending appeal, subject to deposit of security.
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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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