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

Abstract

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 of Appeal Rules, 2009.

2. The applicant must also attach to the application the notice of the intended execution and make a firm undertaking and confirm at the hearing that he shall furnish security for the due performance of the decree in terms of rule 11 (7) (d) and 11(5) (d) of the Rules.

3. The Court reinforced its earlier position stated in the case of Mantrac Tanzania Ltd v. Raymond Costa, Civil Application No. 11 of 2010 and Mohamed Masoud Abdallah and Sixteen Others v Tanzania Road Haulage (1980) Limited, Civil Application No. 58/17 of 2016 (both unreported) among others, where it was held that application such as this all condition necessary must be proved cumulatively otherwise the application will fail.