Integrated Property Investments (T) Limited and 2 Other versus The Company for Habitat and Housing in Africa Shelterafrique; Civil Application No.162 of 2015: Court of Appeal of Tanzania in Dar es Salaam (Unreported).
- Court of Appeal Rules
- Stay of execution –What are the relevant provisions to move the court?
- Stay of execution –What security should be given?
- Civil Procedures
- Judgment and decree-Judgement and decree differ-Effect
Held:-
(i) The relevant provision to move the Court of Appeal in an application for stay of execution is Rule 11(2) (a) and (c). Rule 11 (2) (d) (ii) & (iii)imports mandatory conditions under which applications for stay of execution can be granted so it is not an enabling provision for moving the court.
(ii) On the requirement for furnishing security for cost as far as stay of execution is concerned the law is settled. To meet this condition, the law does not strictly demand that the said security must be given prior to the grant of the stay order. A firm undertaking by the applicant to provide security might prove sufficient to move the court all things being equal, to grant a stay provided the court sets a reasonable time limit within which the applicant should give the same.
(iii) The judgement forms the concluding part of civil suit and it determines rights and liabilities of parties. Basically, judgement is followed by a decree which is its operating part and has to be in harmony with the judgement. If the decree complies with the substance of the judgement that will suffice even though the decree has some minor errors.
(iv) So long as a decree indicates on what the judgement is based, for and against whom it is issued, the amount and date issued and it is clearly ascertainable, it is executable notwithstanding some minor defects. It is only fatal if the decree substantially differs from the judgement.