Twaha Michael Gujwile vs Kagera Farmers Cooperative Bank Ltd (Civil Application No .541/04 of 2018) [2019] TZCA 681 (6 December 2019)
Judgment
IN THE COURT OF APPEAL OF TANZANIA AT BUKOBA (CORAM: MMILLA . J.A., MZIRAY. J.A.. And KWARIKO. J.A.^ CIVIL APPLICATION NO. 541/04 OF 2018 TWAHA MICHAEL G U JW ILE ...................... ! ................................ APPLICANT VERSUS KAGERA FARMERS COOPERATIVE BANK L T D .....................RESPONDENT (Application from the judgment and decree of the High Court of Tanzania at Bukoba) (Bonqole, J.) dated the 7th day of February, 2017 in Land Case Appeal No. 27 of 2015 * RULING OF THE COURT 6th & .... December, 2019 MMILLA. J.A.: On 7.2.2017, the High Court of Tanzania, Bukoba Registry, dismissed the appeal of Twaha Michael Gujwile (the applicant) in Land Appeal No. 27 of 2017 and upheld the decision of the District Land and Housing Tribunal for Kagera at Bukoba which was in favour of the respondent, Kagera Farmers' Cooperative Bank Ltd. Upon being threatened by the respondent's attempt to sell his residential house in
Plot No. 313, Kyanyi area in Bukoba Township, he lodge in the Court a Notice of Motion in which he prayed for stay of execution of the decree passed on 7.2.2017 as earlier on pointed out. The application is brought under Rule 11 (2) (b), (c), (d) (i) and (e) of the Tanzania Court of Appeal Rules, 2009 (the Rules). The application is supported by an affidavit affirmed by the applicant himself The Notice of Motion has raised five (5) grounds which converge on three aspects; one that the decree sought to be executed is problematic in that it is loaded with serious irregularities which require this Court's intervention; two that, the house targeted for attachment and sell is a residential house in which he lives with his family; and three that his intended appeal to the Court has overwhelming chances of success. On the date of hearing of the application on 6.12.2019, the applicant entered appearance and was not represented, while the respondent bank enjoyed the services of Mr. Hangi Chang'a, learned Senior State Attorney, assisted by Mr. Gerald Njoka and Lightness Msuya, learned State Attorneys.
The applicant had filed as well DATED at BUKOBA this day of December, 2019, B. M. MMILLA JUSTICE OF APPEAL R. E. S. MZIRAY JUSTICE OF APPEAL M. A. KWARIKO JUSTICE OF APPEAL