Tanzania Sewing Machine Co Ltd versus Njake Enterprises Ltd; Civil Application No 238 of 2014: Court of Appeal of Tanzania at Dar es Salaam (Unreported).
- Court of Appeal Rules
- Affidavit – who can swear an affidavit to support an application in the Court of Appeal?
- Stay of execution – factors the Court of Appeal should take into consideration before granting stay of execution.
- Stay of execution – whether a house subject of execution can be made a security.
Held:-
(i) According to Rule 49(1) of the Rules, any person having knowledge of the facts can swear an affidavit in support of a formal application. Every person having knowledge of the facts is competent to swear an affidavit even if he is not party to the application.
(ii) Unlike in the era of the Court of Appeal Rules, 1979 (the old Rules), with the coming into force of the Court of Appeal Rules, 2009 (the Rules), the position has changed on the issue of granting stay of execution. It is now trite law that the conditions stated under Rule 11 (2) (d) of the Rules must be complied with before an order of stay of execution is issued.
(iii) The Court of Appeal in its recent decisions has taken a stance that the three pre-conditions stipulated under Rule 11 (2)(d) of the Rules must be conjunctively and not disjunctively satisfied by the applicant before a stay of execution order can be granted.
(iv) The requirement of furnishing security is currently not an optional condition on the applicant who applies for stay of execution.
(v) A house subject of execution cannot be made a security.