Asile Ally Said vs Irene Redentha Emmanuel Soka (Civil Application No. 54/17 of 2020) [2022] TZCA 3087 (26 August 2022)

ASILE ALLY SAID VERSUS IRENE REDENTHA EMMANUEL SOKA COURT OF APPEAL OF TANZANIA (CORAM: MWARIJA. J.A.. KITUSI. J.A.. And MAKUNGU. J.A.) CIVIL APPLICATION NO. 54/17 OF 2020 (Application for Stay of Execution of the Decree of the High Court of Tanzania Land Division at Dar es Salaam dated the 25th day of May, 2018 in Land Case No. 363 of 2015) Civil Procedure and practice - Security for due performance of decree – type or amount of security to be furnished – powers of the court to grant The applicant was aggrieved by the decision of the High Court and having filed a notice of appeal followed by a memorandum of appeal, she has preferred this application by a notice of motion under rule 11(3),(4),(5),(6) and (7) of the Rules seeking an order of stay of execution. While Ms. Simkoko urged the Court to order the applicant to provide sufficient security for due performance of the decree, the applicant in paragraph 10 of her supporting affidavit undertakes to give security as will be ordered by the Court. Held : (i) The Court held that the law under rule 11(5) (6) of the Rules is not specific on the type or amount of security to be furnished. (ii) Further, the Court stated that it is the Court which is left with discretion to determine security to be provided which is dependent on the circumstance of each case. Application was granted.