Alberto John Mwinami t/a Maweni Line & Another vs Njombe Filling Station Company Limited (Civil Appeal No. 0410 of 2026) [2026] TZCA 423 (17 April 2026)

IN THE COURT OF APPEAL OF TANZANIA AT MBEYA CIVIL APPLICATION NO. 04X0 OF 2026 ALBERTO JOHN MWINAMI t/a MAWENI LIN E ..................... 1 st APPLICANT GETRUDE MALEKELA ..................... ........................................2 nd APPLICANT VERSUS NJOMBE FILLING STATION COMPANY LIMITED...................RESPONDENT (Application for Stay of Execution of the Judgment and Decree of the High Court of Tanzania at Mbeya) (Tiqanqa, J.^ dated the 26th day of November, 2024 in Civil Appeal. No. 7464 of 2024 RULING OF THE COURT 16th & 17th April, 2026 NANGELA, J.A.: This is an application for a stay of execution of a decree arising from the judgment of the High Court in Civil Appeal No. 7464 of 2024. The application was brought under a certificate of urgency. The Notice of Motion and the supporting affidavit were filed under Rules 11(3), 11(4), ll(5)(a), (b) and (c), 11(6), 11(7), and 4(1), (2)(a), (b) and (c) of the Court of Appeal Rules, 2009 (the Rules).

According to the Notice of Motion, the application is premised on the following grounds:

1. That the applicants were denied the right to be heard, as no court summons were issued to them as judgm ent debtors, despite an order by the executing court (the Resident M agistrates' Court o f Njombe) directing issuance o f such summons.
2. That, unless an order for stay o f execution is granted, the applicants w ill suffer substantia! loss, as their personalproperties have already been attached, notwithstanding that the record o f appeal has been served upon the respondent
3. That, in the absence o f a stay, the intended appeal against the judgm ent and decree o f the High Court o f Tanzania, Mbeya Sub- Registry, dated 26 November 2024, w ill be rendered nugatory.
4. That the application has been made without unreasonable delay, the applicants having become aware o f the execution proceedings upon being served with a notice o f attachment by a court broker on 12 February 2026.
5. That the applicants are ready and willing to furnish security for the due performance o f the decree in the form o f m otor vehicles o f equivalent value to the decretal sum. When the application came up for hearing, Mr. Innocent Mwelelwa, learned counsel, appeared for the applicants, while Mr. Kelvin Kuboja, learned counsel, appeared for the respondent. Although Mr. Kuboja had

initially filed a notice of preliminary objection challenging the competence of the application, he subsequently withdrew the same, and the matter proceeded to hearing. In his brief submissions, Mr. Mwelelwa adopted the contents of the Notice of Motion and the supporting affidavit and urged the Court to grant the application. He contended that, since the applicants have satisfied all the conditions under Rule 11 of the Rules, the application should be granted. In support of that contention, he relied on Haphon Company Limited v. Jacob Lohay Qambrish (Civil Application No. 1161 of 2025) [2025] TZCA 737 ( TanzLII ). For his part, Mr. Kuboja conceded that the applicants had fulfilled the requirements set out under Rule 11 of the Rules and indicated that he did not oppose the application. I have carefully considered the Notice of Motion, the supporting affidavit, and the submissions by learned counsel. As already noted, the respondent does not oppose the application, having acknowledged that it meets the requirements under Rule 11(4) and ll(5)(a) and (b) of the Rules, inter alia.

From the material on record, it is evident that the applicants stand to suffer substantial loss if execution proceeds, given that their personal properties have already been attached. Furthermore, in paragraph 14 of the supporting affidavit, the applicants undertake to furnish security for the due performance of the decree. Specifically, they propose to deposit the original registration cards of two buses, with registration numbers T. 224 DGC and T. 939 DEA, whose combined value is stated to be T7S 140,000,000.00. In the circumstances, and taking into account that the application is unopposed, the likelihood of substantial loss, and the applicants' readiness to furnish security, I find no reason to refuse the application. Accordingly, the application for stay of execution is granted, and the granting is on condition that: within fourteen (14) days from the date of this ruling, the applicants shall deposit with the executing court the original registration cards of motor vehicles registration numbers T. 224 DGC and T. 939 DEA as security for the due performance of the decree. Consequently, all proceedings relating to the execution of the decree arising from the judgment of the High Court in Civil Appeal No.

7464 of 2024 are hereby stayed pending the hearing and determination of the intended appeal. In the circumstances, parties are to bear their own costs. DATED at DODOMA this 17th day of April, 2026. D. J. NANGELA JUSTICE OF APPEAL. Ruling delivered this 17th day of April, 2026 in the presence of Mr. Innocent Mwalelwa, learned counsel for the Applicants, Mr. Kelvin Kuboja, learned counsel for the Respondent, via virtual court and Mr. Shabani Kanyai, Court Clerk; is hereby certified as true copy of the original. D. P. KINYWAFU DEPUTY REGISTRAR COURT OF APPEAL 5