| dc.description | CAR AND GENERAL TRADING LIMITED VERSUS TAJIRI MOHAMED
COURT OF APPEAL OF TANZANIA
(CORAM: MWAMBEGELE, J.A.. LEVIRA. J.A.. AND RUMANYIKA, J.A.^
CIVIL APPLICATION NO. 34/18 OF 2021
[Application for stay of execution of the decree of the High Court
of Tanzania (Labour Division) at Dar es Salaam dated the 2nd day of October, 2020 in Revision No. 535 of 2019
Civil Procedure and Practice – stay of execution of decrees – security - security for the due performance of decree
In this application, Car and General Trading Ltd (the applicant) moves the Court to stay execution of a decree of the High Court in Revision No. 535 of 2019. The application has been brought by way of a Notice Motion taken under rule 11 (3), 11 (4), 11 (4A), 11 (5) (a), (b) and (c), 11 (6), 11 (7) (b),(c) and (d) and rule 48 (1) pf the Tanzania Court of Appeal Rules (the Rules). It is supported by an affidavit deposed by Hamida Hamisi Mfinanga, principal officer of the applicant and resisted by an affidavit in reply deposed by Tajiri Mohamed, the respondent.
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 judgment or decree appealed against is affirmed by the appellate court. It facilitates post-appeal execution process
ii. An application for stay o f execution must be accompanied by copies a notice o f appeal, a decree or order appealed from, a judgment or ruling appealed from; and a notice o f the intended execution.
Application granted
Provisions of Law cited
i. r rule 11 (3), 11 (4), 11 (4A), 11 (5) (a), (b) and (c), 11 (6), 11 (7) (b), (c) and (d) and rule 48 (1) pf the Tanzania Court of Appeal Rules, 2009.
Cases Cited
i. Mantrac Tanzania Limited v.Raymond Costa, Civil Application No. 11 of 2010 (unreported)
ii. Tsere Selly v. Serikali ya Kijiji cha Chemchem, Civil Application No. 40 of 2014,
iii. Asha Juma Mansoor & Nine Others v. John Ashery Mbogoni, Civil Application No. 122/03 of 2020
iv. Nacky Esther Nyange v. Mrs. Mariam Marijani Wilmore and Another, Civil
v. Application No. 426/01 of 2019
vi. Anord L. Matemba v. Tanzania Breweries Ltd, Civil Application No. 95 of 2012 (unreported) | en_US |
