In his written submission, the applicant prefaced his arguments
by stating the background facts giving rise to the decision which is the
subject matter of his application for stay of execution. He stated that, as a
result of a dispute over ownership of a property, House No. 2 situated on Plot
No. 60 Block J along Kibambwe Street, Kariakoo area within Ilala Municipality
between the estates of the deceased persons Risasi Ngawe and Moshi Abdallah, he
filed the suit against the Respondent in the High Court, Land Division.
He went on to state that on 24/11/2016, the learned trial judge
dismissed the claim by the applicant that the property belonged to the estate
of the late Risasi Ngawe. According to the trial court’s judgment, the
ownership dispute had since been dealt with by the Buguruni Primary Court in
Probate and Administration Cause No. 340 of 2003. That court decided that the
property was part of the estate of the late Moshi Abdallah. The applicant was
aggrieved by the decision of the High Court and thus on 28/11/2016, he
instituted a notice of appeal intending to challenge that decision. Making
reference to paragraphs 9 and 10 of his affidavit, he submitted that the
application meets the requisite conditions for grant of the sought order.
In his oral submission, Counsel for Respondent argued briefly
that the applicant has failed to meet the conditions precedent for grant of an
order of stay of execution. In particular, the learned counsel argued that the
applicant has failed to provide security for the due performance of the decree.
He argued that, both in his affidavit and written submission, the applicant
undertook to provide security for costs, not security for the due
performance of the decree.