capital decoration building works vs edward rugayaza 45 others 2010 tzhcld 19 6 january 2010

capital decoration building works vs edward rugayaza 45 others 2010 tzhcld 19 6 january 2010

The applicant failed to demonstrate sufficient cause for stay of execution, having not acted with diligence and failing to show irreparable loss; the application was a deliberate attempt to delay execution and justice to the decree holders.

Citation
capital decoration building works vs edward rugayaza 45 others 2010 tzhcld 19 6 january 2010
Parties
Applicant/judgment Debtor: Capital Decoration & Building Works; Respondent/decree Holder: Edward Rugayaza & 45 Others
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
6 January 2010
Procedural Posture
Application in Labour Execution / Ruling on Application for Stay of Execution
Outcome
Application dismissed
Legal Topics
Stay of Execution, Unfair Termination, Exparte Award, Execution of Decree, Extension of Time
Source Language
English
Labour Law Civil Procedure Stay of Execution Unfair Termination Exparte Award Execution of Decree Extension of Time

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Parties

Capital Decoration & Building Works

Applicant/judgment Debtor

Edward Rugayaza & 45 Others

Respondent/decree Holder

Procedural Posture

Application in Labour Execution / Ruling on Application for Stay of Execution

Legal Issues

  1. 1 Whether sufficient cause exists to grant a stay of execution of the CMA exparte award pending application to set aside the award
  2. 2 Whether the application for stay was made without unreasonable delay
  3. 3 Whether the applicant would suffer irreparable loss if stay is not granted

Ratio Decidendi

The applicant failed to demonstrate sufficient cause for stay of execution, having not acted with diligence and failing to show irreparable loss; the application was a deliberate attempt to delay execution and justice to the decree holders.

Court Disposition

Application dismissed

Orders

  • File to be returned to the Registrar to enable execution process to proceed.