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High Court granted a stay of execution pending appeal, finding the application timely, risk of substantial loss, and adequate security by commitment bond.
The affidavit was verified in Dar es Salaam and attested in Shinyanga on the same date, indicating attestation was not done in the presence of the deponent, rendering the affidavit incurably defective under section 8 of the Notaries Public and Commissioner for Oaths Act. The application is incompetent and must be struck out.
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The High Court Commercial Division dismissed a stay of execution application as time barred under the Law of Limitation Act, with each party bearing its own costs.
The application for stay of execution was misconceived because there was no evidence that the respondent had initiated execution proceedings or obtained an execution order; thus, there was no basis for granting a stay.
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The East African Court of Justice dismissed Ola Energy Uganda Limited’s stay application because the trial court’s dismissal of the reference was not a positive order capable of execution.
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 for stay of execution was filed within the prescribed time after service of notice of execution regarding the Kijitonyama property. The lack of Registrar's endorsement on the affidavit is a procedural omission not fatal to the application. The applicant demonstrated risk of substantial loss if evicted, as the alternative property is unfinished. A general undertaking to furnish security is sufficient in the context of a non-monetary decree. The requirements for stay of execution under rule 11(4)-(7) were met.
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The court held that since objection proceedings regarding the property are pending and the hearing date is imminent, maintaining the status quo would not cause undue injustice to the respondents. Therefore, the applicant's prayer for interim protection of the property was granted.
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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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