Tanzania Court of Appeal: Grants ATLAS Mark Group Stay of Execution

• The Tanzania Court of Appeal granted a stay of execution to ATLAS Mark Group Limited on November 12, 2026.
• The stay was issued in Civil Application No. 2268 of 2026, involving Ezekiel Elias Kaminyonge.
• ATLAS Mark Group successfully demonstrated that it would suffer substantial loss if the judgment was executed.
• The applicant also undertook to provide a bank guarantee as security for the stay.
• This ruling highlights the critical requirements of substantial loss and security for obtaining a stay pending appeal in Tanzania.

Lawyers advising clients on appeals in Tanzania should note that demonstrating substantial loss and offering a bank guarantee are critical factors for successfully obtaining a stay of execution pending appeal.

The Tanzania Court of Appeal recently issued a significant ruling, granting a stay of execution pending appeal to ATLAS Mark Group Limited. This decision, recorded as Civil Application No. 2268 of 2026 and cited as [2026] TZCA 1512, was delivered on November 12, 2026. The stay was granted in a case involving ATLAS Mark Group Limited as the applicant against Ezekiel Elias Kaminyonge.

The court's decision hinged on two critical factors presented by the applicant. Firstly, ATLAS Mark Group Limited successfully demonstrated to the court that it would suffer substantial loss if the execution of the original judgment proceeded before the appeal could be heard and determined. Secondly, the applicant provided a formal undertaking to furnish a bank guarantee as security. These conditions were pivotal in the Tanzania Court of Appeal's determination to halt the enforcement of the lower court's judgment.

In Tanzania, obtaining a stay of execution pending appeal is not an automatic right; it is a discretionary power exercised by the courts, particularly the Tanzania Court of Appeal. This recent ruling underscores the established legal framework that governs such applications. A key prerequisite for securing a stay is the applicant's ability to convincingly prove that they stand to incur substantial loss if the judgment is executed before their appeal is resolved. This concept of substantial loss typically refers to harm that cannot be easily compensated by monetary damages or would render the appeal nugatory if the execution were allowed to proceed.

Beyond demonstrating potential substantial loss, applicants are generally required to provide security to safeguard the interests of the respondent. In the case of ATLAS Mark Group, the undertaking to provide a bank guarantee was a crucial element in satisfying this requirement. A bank guarantee serves as an assurance to the court and the opposing party that if the appeal ultimately fails, the respondent will still be able to recover the judgment sum or other awarded relief. This dual requirement of proving substantial loss and offering adequate security forms the bedrock of stay applications before the Tanzania Court of Appeal.

This decision by the Tanzania Court of Appeal (TZCA 1512) offers important guidance for legal practitioners navigating the appellate process in Tanzania. Lawyers advising clients on appeals in Tanzania should note that demonstrating substantial loss and offering a bank guarantee are critical factors for successfully obtaining a stay of execution pending appeal. The ruling reinforces the high evidentiary burden placed on applicants seeking such relief, emphasizing that mere inconvenience or delay is insufficient.

For those representing clients like ATLAS Mark Group Limited, it is imperative to meticulously prepare and present evidence of potential substantial loss. Furthermore, proactively offering a robust form of security, such as a bank guarantee, significantly strengthens an application for a stay pending appeal. This ruling clarifies the evidentiary burden and security requirements for such applications before the Court of Appeal, providing a clear roadmap for future cases seeking similar relief against parties like Ezekiel Elias Kaminyonge. Understanding these specific stay requirements is essential for effective appellate advocacy.

Lawyers advising clients on appeals in Tanzania should note that demonstrating substantial loss and offering a bank guarantee are critical factors for successfully obtaining a stay of execution pending appeal. This ruling clarifies the evidentiary burden and security requirements for such applications before the Court of Appeal.

Source: Original reporting via Tanzanian Court of Appeal.