Seleman Zahoro and Two Others versus Faisal Ahmed Abdul; Civil Application No 1 of 2008; Court of Appeal of Tanzania at Bukoba (Unreported).
- Court of Appeal Rules
- Stay of execution – conditions that must be satisfied.
Held:-
In an application for stay of execution, there must be a notice of appeal lodged in accordance with Rule 83 of the Rules. It must be lodged within thirty days from the decision the applicant seeks to impugn. The decree which forms the subject matter of the application must also accompany the application for stay of execution. The application must be made before the expiration of the time allowed for appealing, and good cause must be shown that he/she will suffer substantial loss if the order for stay is not granted and it must be made without reasonable delay. Lastly, the applicant must furnish security for the due performance of the decree or order that may ultimately be binding to him / her.