Juma Hamisi versus Mwanamkasi Ramadhani; Civil Application No 34 of 2014: Court of Appeal of Tanzania at Arusha (Unreported).
- Court of Appeal Rules
- Stay of execution – what are the grounds?
Held:-
The Court of Appeal no longer has the luxury of granting an order of stay of execution on such terms as the court may think just; but it must find that the cumulative conditions enumerated in Rule 11(2) (b),(c) and (d) exist before granting the order. The conditions are :- lodging a notice of appeal in accordance with Rule 83, showing good cause and complying with the provisions of item (d) of sub-rule 2, which provides that no order for stay shall be made unless the court is satisfied that substantial loss may result to the party applying for stay of execution unless the order is made, that the application has been made without delay; and the security has been given by the applicant for the due performance of such decree or order as may ultimately be binding upon him.