MO Assuarance Company Limited vs Akhter Akberali Khakooo (Civil Application No. 202602120000252 of 2026) [2026] TZCA 274 (6 March 2026)

IN THE COURT OF APPEAL OF TANZANIA AT PAR ES SALAAM CIVIL APPLICATION NO. 202602120000252 OF 2026 MO ASSUARANCE COMPANY LIMITED ............ ............ ...............APPLICANT VERSUS AKHTER AKBERALI KHAKOOO ............ ................................ RESPONDENT (Appeal from the Decision of the High Court of Tanzania at Dar es Salaam) f Masebo. J.^ Dated the 16th day of August, 2022 in Civil Case No. 53 of 2018 RULING 6th March, 2026 MURUKE. J.A.: The applicant, has moved this Court to stay execution of the decree dated 16th August 2022 in Civil Case No 53 of 2018, pending hearing of intended appeal. The application is supported by an affidavit sworn by Mr. Gregory Fortes, the applicant's principal officer articulating reasons for staying execution proceedings. The respondent did not file affidavit to oppose the application. When application was called on for hearing, Ms. Neema Mahunga learned counsel represented the applicant, whereas Mr. Mudhihir Magee also learned counsel, appeared representing the respondent, who at the onset informed the Court that he is not objecting to the application. i

However, the respondent counsel insisted that the security be deposited as may be ordered by the Court, and he be served with a copy to ensure compliance of the order. The applicant counsel welcomed the respondent's counsel concession, and further submitted that, applicant has filed notice of appeal annexure "A2" attached to the affidavit in support of Notice of Motion. The applicant was served with the notice of hearing of the execution of the decree execution No. 2436 of 2026 which is before the Deputy Registrar for amount of TZS 204,353,600 annexure "A5". The applicant further submitted that at Paragraph 7 of the affidavit in support of the application, that the respondent intend to attach the applicant bank accounts used in day to day operations. This will paralyzing the applicant's daily business, while applicant is ready to furnish security with the Court, to guarantee respondent's dues in case the applicant loose her appeal. Having heard in brief both counsel's submission, examined the Notice of Motion, and affidavit in support of the application, the issue for determination is whether the applicant has satisfied the condition for granting orders sought. First, the applicant filed Notice of Appeal annexure A2 attached to the affidavit in support of the application and filed present application within 14 days in compliance with Rule 11 (4) of the Tanzania Court of

Appeal Rules 2009 (the Rules) as notice of hearing of execution was served to the applicants on 29/01/2026. Secondly, the applicant has averred at paragraph 7 that, she will suffer substantial loss if execution will proceed. Third, at paragraph 8 of the affidavit in support of the application the applicant has undertaken to furnish security in compliance with Rule 11 (5) (b) of the Rules. Four; indeed amount to be executed is subject of the intended appeal in which applicant is yet to be supplied with the proceedings in terms of annexures A3 and A4 attached to affidavit in support of the application paragraph 4 and 5 respectively. The respondent counsel has argued that the applicant be ordered to deposit security as may be ordered by the Court to guarantee payments of decretal sum in case intended appeal is dismissed. I agree with both counsels submission that security is necessary to guarantee the respondent satisfaction of decree in case of dismissal of the intended appeal. I understand that a mere undertaking to furnish security suffices, as no particular form of security is required, as was held in the case of Mantrac Tanzania Limited v. Raymond Costa, Civil Application No. 11 of 2010 (unreported) where the Court discussed the mode of giving security and stated as follows: "To meet this condition the law does not strictly demand that the said security must be given prior to the grant o f Stay order. To us, a firm undertaking 3

by the applicant to provide security might prove sufficient to move the Court a thing being equal to grant the stay order provided the Court sets a reasonable time limit within which the applicant should give the same" Taking all the circumstances of this application in to account and in order to prevent the intended appeal from being rendered nugatory, in terms of the Notice of appeal annexture A2 dated 31 August, 2022 attached to the affidavit in support of the application and on the balance of convenience, decree in Civil case No. 53 of 2018, dated 16th August 2022, is hereby stayed. The applicant shall deposit bank guarantee on the decretal sum of TZS 204,353,600, within 45 days from the date of the ruling and serve the respondent's counsel within seven days from the date thereof, to ensure compliance. Ordered accordingly. DATED at DAR ES SALAAM this 6th day of March, 2026. The Ruling delivered this 6th day of March, 2026 in the presence of Ms. Neema Manunga, learned counsel for the applicant and Mr. Mudhihir Magee, learned counsel for the respondent and Ms. Tabitha Mwita, Court Z. G. MURUKE JUSTICE OF APPEAL Cl iginal. E. G. MRANGU SENIOR DEPUTY REGISTRAR COURT OF APPEAL 4