The applicant (deceased, now represented by Henry Bubinza) sued the Respondents the High Court challenging the sale of his mortgaged property sold by way of public auction. That suit was dismissed. Aggrieved, the applicant lodged a notice of appeal and subsequently, he lodged an appeal at Tabora sub-registry. In terms of rule 11(2) (c) of the Rules before the amendments thereto by GN No. 362 of 2017, an application for stay of execution of an appealable decree or order ought to have been filed before the expiry of the period for appealing, that is to say, within sixty days from the date of lodging the notice of appeal, regardless whether there was an application for or threat of execution. However, the applicant did not do so. Consequently, the first Respondent sought to execute the decree by way of eviction of the applicant from his mortgaged house following its sale by way of public auction. The Deputy Registrar of the High Court before whom the parties appeared to show cause why execution should not proceed, found nothing to stop execution from being carried out. The applicant’s attempt to challenge that order by way of reference was barren of fruit before Bongole, J. who dismissed it. Aggrieved, the applicant lodged a notice of appeal. Later on, a Court Broker based in Tabora, served on the applicant a notice of eviction. It is that notice which triggered the instant application.