Stay of Execution

BHARYA ENGINEERING AND CONTRACTING CO. LTD VS. LABOUR COMMISSIONER AND ANOTHER. CIVIL APPLICATION NO. 398/18 OF 2022.

FIKIRINI. J.A.: (THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2022-07-14)

Held For an application for stay of execution to be granted 1.The Applicant must Lodge Notice of Appeal within time 2.Application must be lodged within 14 days from the date when the notice of execution was served upon ...

ECOBANK TANZANIA LIMITED VS. DOUBLE A CO. LIMITED 3 OTHERS. CIVIL APPLICATION NO. 178/16 OF 2021.

MWAMBEGELE, LEVIRA, J.A. And RUMANYIKA. J.A. J.A., (THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2022-09-19)

Held: (i) The law is settled that for the full Court to grant a stay of execution, the check list of the requisite conditions stated under rule 11(4) (5) and (7) of the Rules should be satisfied cumulatively. The Court ...

STANBIC BANK (T) LTD VS. SOPHIA MAJAMBA. CIVIL APPLICATION NO. 81/17 OF 2020

MKUYE, LEVIRA. J.A.. And MWAMPASHI. J.A J.A., (THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2022-06-24)

Held i)The Applicant has shown good cause and has satisfied cumulatively the conditions warranting the grant of application for stay of execution. Civil Practise & Procedure – Issues raised by parties-determination of ...

M BARA LA A. MAHARAGANDE AND 4 OTHERS VS. MAHIKU A. MAHARAGANDE CIVIL APPLICATION NO. 469/01 OF 2021

KEREFU, J.A (THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2021-10-12)

1. The applicant must lodge the application within fourteen days from the date that he was served with the notice of execution or from when he became aware of the execution proceedings in terms of rule 11 (4) of the Court ...

MBEYA CEMENT CO. LTD VS. SARA OLE DANIEL AND ANOTHER. CIVIL APPLICATION NO. 649/06 OF 2021.

MWAMBEGELE, KOROSSO. J.A. And RUMANYIKA. J.A. J.A. (THE COURT OF APPEAL OF TANZANIA, MBEYA., 2022-10-03)

1. Consequently, with the above cumulative effects of the said conditions we are inclined to grant the application and stay execution of the Drawn Order of the High Court in Misc. Application No. 12 of 2020 emanating from ...

CAR AND GENERAL TRADING LIMITED VS. TAJIRI MOHAMED. CIVIL APPLICATION NO. 34/18 OF 2021

MWAMBEGELE, LEVIRA. J.A.. AND RUMANYIKA, J.A. J.A.. (THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2022-08-25)

Held i.security as one o f the conditions for the due performance of the decree should an intended appeal fail, security among other reasons is meant to safeguard the interests o f the judgment creditor in the event the ...

SERENGETI BREWERIES LIMITED VS. JOSEPH MAIGE MASHAURI. CIVIL APPLICATION NO. 271/05 OF 2019

JUMA, KITUSI. J.A. And MAKUNGU, J.A. CJ„ (THE COURT OF APPEAL OF TANZANIA, MOSHI., 2022-09-22)

Held: (i) Conceivably, once the deposited funds are released to the respondent, they may not be easily recoverable from the respondent who is an individual with no known assets in the event that the applicant succeeds in ...