abood bus service vs mashaka lumato 2023 tzca 17870 21 november 2023

abood bus service vs mashaka lumato 2023 tzca 17870 21 november 2023

The applicant fulfilled the mandatory requirements for stay of execution by lodging the application within time, demonstrating substantial loss, and providing a firm undertaking to furnish security. The Court granted stay of execution conditional upon deposit of a bank guarantee for the decretal sum within sixty days.

Citation
abood bus service vs mashaka lumato 2023 tzca 17870 21 november 2023
Parties
Applicant: Abood Bus Service; Respondent: Mashaka Lumato
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
21 November 2023
Procedural Posture
Civil Application for Stay of Execution / Ruling on Stay Pending Appeal
Outcome
Application granted
Legal Topics
Stay of Execution, Security for Performance, Unfair Termination, Appeal Process
Source Language
English
Labour Law Civil Procedure Stay of Execution Security for Performance Unfair Termination Appeal Process

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Parties

Abood Bus Service

Applicant

Mashaka Lumato

Respondent

Procedural Posture

Civil Application for Stay of Execution / Ruling on Stay Pending Appeal

Legal Issues

  1. 1 Whether the applicant has fulfilled the conditions for grant of stay of execution under rule 11 (5) (a) and (b) of the Court of Appeal Rules, 2009
  2. 2 Whether the application was lodged within the prescribed time
  3. 3 Whether substantial loss would be suffered by the applicant if stay is not granted

Ratio Decidendi

The applicant fulfilled the mandatory requirements for stay of execution by lodging the application within time, demonstrating substantial loss, and providing a firm undertaking to furnish security. The Court granted stay of execution conditional upon deposit of a bank guarantee for the decretal sum within sixty days.

Court Disposition

Application granted

Orders

  • Stay of execution of the judgment and decree of the High Court (Labour Division) in Revision Application No.332 of 2021 dated 10th May, 2022 pending final determination of the appeal
  • Applicant to deposit a bank guarantee of TZS. 5,727,305.08 as security for due performance of the decree within sixty days